Common use of Assignment; Binding Effect; Amendment Clause in Contracts

Assignment; Binding Effect; Amendment. This Agreement and ------------------------------------- the rights of the parties hereunder may not be assigned (except after Closing by operation of law by the merger of EESI) and shall be binding upon and shall inure to the benefit of the parties hereto, and the successors of EESI. This Agreement, upon execution and delivery, constitutes a valid and binding agreement of the parties hereto enforceable in accordance with its terms and may be modified or amended only by a written instrument executed by all parties hereto.

Assignment; Binding Effect; Amendment. This Agreement and ------------------------------------- the rights of the parties hereunder may not be assigned (except after Closing by operation of law by the merger of EESIEESI or Purchaser) and shall be binding upon and shall inure to the benefit of the parties hereto, and the successors of EESIPurchaser, EESI and Sellers. This Agreement, upon execution and delivery, constitutes a valid and binding agreement of the parties hereto enforceable in accordance with its terms and may be modified or amended only by a written instrument executed by all parties hereto.