Certain Rights and Obligations of the Parties. (a) Anything herein contained to the contrary notwithstanding: (i) Assignor shall at all times remain liable to the Manufacturer under the Purchase Agreement in respect of the Aircraft to perform all of the duties and obligations of "Buyer" thereunder to the same extent as if this Assignment had not been executed; (ii) the exercise by Assignee of any of the rights assigned hereunder shall not release Assignor from any of its duties or obligations to the Manufacturer under the Purchase Agreement in respect of the Aircraft except to the extent that such exercise by Assignee shall constitute performance of such duties and obligations; and (iii) except as provided in paragraph 4(b) hereof, Assignee shall not have any obligation or liability under the Purchase Agreement by reason of, or arising out of, this Assignment or be obligated to perform any of the obligations or duties of Assignor under the Purchase Agreement or to make any payment or make any inquiry as to the sufficiency of any payment received by it or to present or to file any claim or to take any other action to collect or enforce any claim for any payment assigned hereunder.
Certain Rights and Obligations of the Parties. (a) Assignee confirms for the benefit of the Manufacturer and subcontractor and vendor, as the case may be, that, insofar as the provisions of the Purchase Agreement (and applicable vendor and subcontractor agreements) relate to the Aircraft, in exercising any rights under the Purchase Agreement (and applicable vendor and subcontractor agreements), or in making any claim with respect to the Aircraft or other goods and services delivered or to be delivered pursuant to the Purchase Agreement (and applicable vendor and subcontractor agreements), the terms and conditions of the Purchase Agreement (and applicable vendor and subcontractor agreements) (including, without limitation, the DISCLAIMER AND RELEASE and EXCLUSION OF LIABILITIES in Article 11 of Part 2 of Exhibit C of the Aircraft General Terms Agreement, and other warranty disclaimer, insurance and indemnity provisions in the Customer Support or Product Assurance Documents of Exhibits B and C to the Aircraft General Terms Agreement (and such similar provisions in the applicable Vendor and subcontractor agreements)) shall apply to, and be binding upon, Assignee to the same extent as if originally named “Customer” therein. EXHIBIT C [Credit Agreement HSH/AS B737-800] Assignee further confirms that it cannot further assign its rights under the Purchase Agreement without the written consent of Manufacturer and Assignor.
Certain Rights and Obligations of the Parties. (a) Seller hereby agrees that Purchaser is entitled to rely on the representations and warranties made to Seller by Newco in Article IV of the Asset Purchase Agreement; and, that, in connection therewith, Purchaser, in its capacity as purchaser of the Securities, shall have all of the rights and remedies that Seller shall have against Newco pursuant to Article IX of the Asset Purchase Agreement with respect to any breach of any representation or warranty by Newco, and Purchaser shall be entitled to exercise Seller's rights and remedies against Newco. In addition to the foregoing, Seller agrees and acknowledges that Purchaser shall have the right, on behalf of and for the benefit of Newco, to enforce the obligations of Seller to Newco under the Asset Purchase Agreement on the terms and conditions set forth in this Section 4.02.
Certain Rights and Obligations of the Parties. 3.1 Mikohn will pay the costs of transporting the materials for the Sign to the Location and of constructing and installing the Sign.
Certain Rights and Obligations of the Parties. (a) Anything herein contained to the contrary notwithstanding: (i) Seller shall at all times remain liable to the Manufacturer and the Engine Manufacturer under the Purchase Agreement and the General Terms Agreement in respect of the Aircraft to perform all of its duties and obligations of "Buyer" thereunder to the same extent as if this Assignment had not been executed; (ii) the exercise by Buyer of any of the rights assigned hereunder shall not release Seller from any of its duties or obligations to the Manufacturer and the Engine Manufacturer under the Purchase Agreement or the General Terms Agreement in respect of the Aircraft except to the extent that such exercise by Buyer shall constitute performance of such duties and obligations; and (iii) Seller shall at all times remain liable to perform the obligations of "Buyer" under Part E of Exhibit C of the Purchase Agreement.
Certain Rights and Obligations of the Parties
