FP Operative Documents definition
Examples of FP Operative Documents in a sentence
The Parties agree that unless otherwise expressly stated herein (a) neither the FA Operative Documents nor the FP Operative Documents shall affect the interpretation of this Agreement, the governance or operation of Flash Forward or the Y5 Facility and (b) the FF Operative Documents shall not affect the interpretation of the FA Master Agreement and the FP Master Agreement (in each case as amended by the JVRA), the governance or operation of Flash Alliance or the governance or operation of Flash Partners.
It is the intent of the Parties that any payments made by SanDisk under or pursuant to any Master Operative Documents, FA Operative Documents, FP Operative Documents or Joint Operative Documents shall not be duplicative and SanDisk shall in no event be required to pay or contribute more than once for any service, product or development work provided under such agreements, if such service, product or development work is provided under more than one agreement.
It is the intent of the Parties that any payments made by SanDisk under or pursuant to any Master Operative Documents, FVC Japan Operative Documents or FP Operative Documents shall not be duplicative and SanDisk shall in no event be required to pay or contribute more than once for any service, product or development work provided under such agreements, if such service, product or development work is provided under more than one agreement.
This Agreement, together with each other FP Operative Documents and the Exhibits, Schedules, Appendices and Attachments hereto and thereto, when completed, constitute the agreement of the parties to the FP Operative Documents with respect to the subject matter thereof and supersede all prior written and oral agreements and understandings with respect to such subject matter.
If the intent of the Parties for entering into the FP Operative Documents, considered as a single transaction, cannot be preserved, the FP Operative Documents shall either be renegotiated or terminated by mutual agreement of the Parties.
The Parties further acknowledge that their agreement concerning the relationship between the FVC Japan Operative Documents and FP Operative Documents is stated in a letter agreement between Toshiba and SanDisk, dated as of the date hereof (which is not itself either an FVC Japan Operative Document or FP Operative Document).
The Parties agree that unless otherwise expressly stated herein (A) the FVC Japan Operative Documents shall not affect the interpretation of this Agreement or the governance or operation of Flash Partners or the Y3 Facility and (B) the FP Operative Documents shall not affect the interpretation of the FVC Japan Master Agreement or the governance operation of FVC Japan or the FVC Japan Equipment.
Except as may be expressly provided in the FP Operative Documents, nothing in this Agreement shall be construed as conferring on the Company or any Unitholder the right to use in advertising, publicity or other promotional activities any name, trade name, trademark or other designation of any other Unitholder or any of its Affiliates, including any contraction, abbreviation or simulation of any of the foregoing.
The transferring Unitholder shall, however, remain responsible for all obligations under this Agreement and the other FP Operative Documents for any transferee which is an Affiliate of the transferring Unitholder and shall not be released or discharged from any existing liability or obligation to any Person.
This Section 11.3 shall not be construed to limit the rights of the Nondefaulting Unitholder under Section 10.4 (Remedies Upon Event of Default) or to seek damages from the Defaulting Unitholder or any other Person for the breach of its obligations under any of the FP Operative Documents.