Common use of Counterparts; Electronic Delivery Clause in Contracts

Counterparts; Electronic Delivery. This Agreement may be executed in multiple counterparts with the same effect as if all signing parties had signed the same document. All counterparts shall be construed together and constitute the same instrument. This Agreement and each other agreement or instrument entered into in connection herewith or contemplated hereby, and any amendments hereto, to the extent signed and delivered by means of a facsimile or electronic mail shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of either party hereto or to any such agreement or instrument, each other party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine or electronic mail to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or electronic mail as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.

Appears in 13 contracts

Samples: Indemnification Agreement (Edgen Group Inc.), Indemnification Agreement (Edgen Group Inc.), Indemnification Agreement (Edgen Group Inc.)

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Counterparts; Electronic Delivery. This Agreement may be executed in multiple counterparts with the same effect as if all signing parties had signed the same document. All counterparts one or more counterparts, each of which shall be construed deemed an original, but all of which together shall constitute one and constitute the same instrument. This Agreement and each other any signed agreement or instrument entered into in connection herewith or contemplated herebywith this Agreement, and any amendments heretohereto or thereto, to the extent signed and delivered by means of a facsimile telecopy machine or electronic mail (any such delivery, an “Electronic Delivery”), shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of either any party hereto or to any such agreement or instrument, each other party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise (a) the use of a facsimile machine or electronic mail Electronic Delivery to deliver a signature or (b) the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or electronic mail Electronic Delivery, as a defense to the formation or enforceability of a contract contract, and each such party forever waives any such defense, except to the extent such defense related to lack of authenticity.

Appears in 12 contracts

Samples: Indemnification Agreement (Merge Healthcare Inc), Purchase Agreement (Merge Healthcare Inc), Investor Rights Agreement (FlexShopper, Inc.)

Counterparts; Electronic Delivery. This Agreement may be executed in multiple counterparts with the same effect as if all signing parties had signed the same document. All counterparts shall be construed together and constitute the same instrument. This Agreement and each other agreement or instrument entered into in connection herewith or contemplated hereby, and any amendments hereto, to the extent signed and delivered by means of a facsimile or electronic mail shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of either any party hereto or to any such agreement or instrument, each other party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine or electronic mail to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or electronic mail as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.

Appears in 2 contracts

Samples: Director Indemnification Agreement (Bankrate, Inc.), Indemnification Agreement (Epicor International Holdings, Inc.)

Counterparts; Electronic Delivery. This Agreement may be executed in multiple counterparts with the same effect as if all signing parties had signed the same document. All counterparts shall be construed together and constitute the same instrument. This Agreement Agreement, the agreements referred to herein, and each other agreement or instrument entered into in connection herewith or therewith or contemplated herebyhereby or thereby, and any amendments heretohereto or thereto, to the extent signed and delivered by means of a photographic, photostatic, facsimile or similar reproduction of such signed writing using a facsimile machine or electronic mail shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of either any party hereto or to any such agreement or instrument, each other party hereto or thereto shall re-execute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise the use of a facsimile machine or electronic mail to deliver a signature or the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or electronic mail as a defense to the formation or enforceability of a contract and each such party forever waives any such defense.

Appears in 2 contracts

Samples: Indemnification Agreement (UiPath, Inc.), Indemnification Agreement (Coyuchi, Inc.)

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Counterparts; Electronic Delivery. This Agreement may be executed in multiple counterparts with (including by means of telecopied or electronically transmitted signature pages), all of which taken together shall constitute one and the same effect as if all signing parties had signed the same document. All counterparts shall be construed together and constitute the same instrumentAgreement. This Agreement and each other any signed agreement or instrument entered into in connection herewith or contemplated herebywith this Agreement, and any amendments heretohereto or thereto, to the extent signed and delivered by means of a facsimile machine or electronic mail (any such delivery, an “Electronic Delivery”), shall be treated in all manner and respects as an original agreement or instrument and shall be considered to have the same binding legal effect as if it were the original signed version thereof delivered in person. At the request of either any party hereto or to any such agreement or instrument, each other party hereto or thereto shall re-re execute original forms thereof and deliver them to all other parties. No party hereto or to any such agreement or instrument shall raise (a) the use of a facsimile machine or electronic mail Electronic Delivery to deliver a signature or (b) the fact that any signature or agreement or instrument was transmitted or communicated through the use of a facsimile machine or electronic mail Electronic Delivery, as a defense to the formation or enforceability of a contract contract, and each such party forever waives any such defense, except to the extent such defense related to lack of authenticity.

Appears in 1 contract

Samples: Asset Purchase Agreement (BioScrip, Inc.)

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