Intentionally Removed. Section 5.7
Intentionally Removed. (f) If any provision of this Agreement is wholly or partially invalid, this Agreement shall be interpreted as if the invalid provision had not been a part hereof so that the invalidity shall not affect the validity of the remainder of this Agreement which shall be construed as if this Agreement had been executed without the invalid portion.
Intentionally Removed. (n) This Agreement constitutes the entire agreement between the Parties pertaining to the subject matter hereof and supersedes all prior agreements, negotiations, discussions and understandings, written or oral, among the Parties. *****Signature Page Follows*****
Intentionally Removed. 1.21 SECTION or SECTIONS means one or more of the sections of this Agreement.
Intentionally Removed. 4.8 Merchant shall give HPS immediate written notice of any complaint, subpoena, Civil Investigative Demand or other process issued by any state or federal governmental entity that alleges, refers or relates to any illegal or improper conduct of Merchant. Failure to give such notice shall be deemed to be a material breach of this Agreement.
Intentionally Removed. (c) Termination or expiration of this Agreement shall not release either Party from any liability, right of action or other obligation which has arisen prior to such termination or expiration including Novasep’s obligation to deliver to Tetraphase such quantity of Product under any accepted Purchase Order by Novasep prior to the effective date of termination or expiration, and Tetraphase’s obligation to pay Novasep the amount set forth in such Purchase Order as well as the safety stock and all the raw material purchased by Novasep for the [**] month forecast ongoing at the date of termination or expiration of the Agreement. Further, Each Party shall immediately return or hand-over to the other and refrain from using all Confidential Information which belongs to the other.
Intentionally Removed. 2.20 Transaction
Intentionally Removed. 3.2 Entire Agreement - Subordinate Agreement The terms contained in this Amended and Restated Agreement, and any Orders placed pursuant hereto, including all exhibits, appendices and subordinate documents attached to or referenced in this Amended and Restated Agreement or any Orders placed pursuant hereto, together with Master Agreement No. SG021306, will constitute the entire integrated Agreement between Supplier and AT&T with regard to the subject matter. This Agreement supersedes all prior oral and written communications, agreements and understandings of the Parties, if any, with respect to the Material and Services being provided herein. Acceptance of Material or Services, payment or any inaction by AT&T shall not constitute AT&T’s, or any inaction by Supplier shall not constitute Supplier’s, consent to or Acceptance of any additional or different terms from those stated in this Amended and Restated Agreement, except for terms in an Order placed by AT&T subject to this Amended and Restated Agreement and signed by both Parties. Except as otherwise set forth in the Order, estimates furnished by AT&T are for planning purposes only and shall not constitute commitments.
Intentionally Removed. Proprietary and Confidential This Amendment and information contained therein is not for use or disclosure outside of AT&T, its Affiliates, and third party representatives, and Supplier except under written agreement by the contracting parties. ****Certain information has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. CONFIDENTIAL TREATMENT REQUESTED Agreement No. SG021306.S.025.A.001 Amendment and Restatement of Agreement No. SG021306.S.025 Appendices Appendix A – Description of Supplier’s Material and/or Services Supplier shall provide the following Material and Services:
Intentionally Removed. 6.18 No undisclosed Liabilities Holdco 3 has no assets, liabilities or obligations of any nature (whether absolute, accrued, contingent or otherwise, matured or unmatured) other than its shares of FDTX.
