ASSUMPTION AND AGREEMENT Sample Clauses

ASSUMPTION AND AGREEMENT. This Agreement shall be binding upon and shall inure to the benefit of the Company, its successors and assigns, and the Company will require any successor (whether direct or indirect, by purchase, merger, consolidation or otherwise) or assign, by agreement in form and substance satisfactory to the Employee, to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession or assignment had taken place. Failure of the Company to obtain such assumption and agreement prior to the effectiveness of any such succession or assignment shall be a breach of this Agreement and shall entitle the Employee to compensation from the Company in the same amount and on the same terms as he would be entitled to hereunder if his employment had been terminated pursuant to Section 13.2 hereof, except that for purposes of implementing the foregoing, the date on which any such succession or assignment becomes effective shall be deemed the Termination Date hereunder. As used in the Agreement, Company shall mean the Company as hereinbefore defined and any successor or assign that executes and delivers the agreement provided for in this Section 14.1 or which otherwise becomes bound by all the terms and provisions of this Agreement by operation of law.
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ASSUMPTION AND AGREEMENT. 1. From and after the Effective Date set forth below, Customer hereby assumes and agrees to be subject to, and to perform the duties and obligations under, the contracts checked in Section 2, Recital B above, and any ancillary contracts and agreements (collectively, the “Contracts”). Specifically, as it pertains to the Interconnection Agreement and the 10 kW Inverter Application, if and as checked in Section 2, Recital B above, Customer hereby assumes and agrees to be subject to the obligations imposed upon, and to perform the duties and obligations of, the “Interconnection Customer” as defined therein. As it pertains to the Schedule Q Agreement, the Net Energy Metering Agreement and the Net Energy Metering Pilot Program Application and Agreement, if and as checked in Section 2, Recital B above, Customer hereby assumes and agrees to be subject to the obligations imposed upon, and to perform the duties and obligations of, the “Eligible Customer-Generator” as defined therein. Any claim, liability or obligation arising out of any breach of such Contracts by Customer or any act or omission of Customer, to the extent occurring on or after the Effective Date, shall be the sole responsibility of Customer.
ASSUMPTION AND AGREEMENT. The New Creditor hereby covenants and agrees (a) to perform each and every covenant, agreement and obligation of a Creditor under the Intercreditor Agreement, at the time, in the manner and in all other respects as provided therein, and (b) to be bound by each and every term and provision of the Intercreditor Agreement as though the Intercreditor Agreement had originally been made, executed and delivered by such Creditor. The New Purchaser hereby covenants and agrees (a) to perform each and every covenant, agreement and obligation of a Receivables Purchaser under the Intercreditor Agreement, at the time, in the manner and in all other respects as provided therein, and (b) to be bound by each and every term and provision of the Intercreditor Agreement as though the Intercreditor Agreement had originally been made, executed and delivered by such Receivables Purchaser. The undersigned New Purchaser and New Creditor each hereby acknowledges, agrees and confirms that, by its execution of this Joinder Agreement, it will be deemed to be a party to the Intercreditor Agreement and shall be a “New Purchaser” or “New Creditor”, respectively, under the Intercreditor Agreement and shall have all of the rights and obligations of such respective party thereunder as if it had executed the Intercreditor Agreement.
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