Common use of Mail and Other Communications Clause in Contracts

Mail and Other Communications. Each of Sellers, on the one hand, and Purchasers, on the other hand, on behalf of itself and its Affiliates, authorizes the Vitro Entities (and their respective officers, directors, employees and agents), on the one hand, and Purchasers and their Affiliates (and their respective officers, directors, employees and agents), on the other hand, as the case may be, if any such Person receives any mail, telegram, package or other communication intended for another Party or such Party's Affiliates and it is not readily apparent that such is the case, to open such communications and to retain the same to the extent that they relate to the business of the receiving Party. To the extent that any such communications relate to the business of the non-receiving Party, the receiving Party shall promptly deliver such mail, telegrams, packages or other communications (or, in case the same relate to both businesses, copies thereof) to the other Party. No Party shall open mail unambiguously intended for another Party. The provisions of this Section 5.11 are not intended to, and shall not be deemed to, constitute an authorization by a Party to permit another Party to accept service of process on its behalf, and no Party is or shall be deemed to be the agent of another Party for service of process purposes.

Appears in 1 contract

Samples: Purchase Agreement (Vitro Sa De Cv)

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Mail and Other Communications. Each of SellersSeller, on the one hand, and PurchasersPurchaser, on the other hand, on behalf of itself and its Affiliates, authorizes the Vitro Entities Seller (and their respective its officers, directors, employees and agents), on the one hand, and Purchasers Purchaser and their its Affiliates (and their respective officers, directors, employees and agents), on the other hand, as the case may be, if any such Person receives any mail, telegram, package or other communication intended for another Party or such Party's ’s Affiliates and it is not readily apparent that such is the case, to open such communications and to retain the same to the extent that they relate to the business of the receiving Party. To the extent that any such communications relate to the business of the non-receiving Party, the receiving Party shall promptly deliver such mail, telegrams, packages or other communications (or, in case the same relate to both businesses, copies thereof) to the other Party. No Party shall open mail unambiguously intended for another PartyParty and marked confidential or proprietary. The provisions of this Section 5.11 6.11 are not intended to, and shall not be deemed to, constitute an authorization by a Party to permit another Party to accept service of process on its behalf, and no Party is or shall be deemed to be the agent of another Party for service of process purposes.

Appears in 1 contract

Samples: Asset Purchase Agreement (Webmedia Brands Inc.)

Mail and Other Communications. Each of the Sellers, on the one hand, and PurchasersPurchaser, on the other hand, on behalf of itself and its Affiliates, authorizes the Vitro Bally Entities (and their respective officers, directors, employees and agents), on the one hand, and Purchasers Purchaser and their its Affiliates (and their respective officers, directors, employees and agents), on the other hand, as the case may be, if any such Person receives any mail, telegram, package or other communication intended for another Party or such Party's ’s Affiliates and it is not readily apparent that such is the case, to open such communications and to retain the same to the extent that they relate to the business of the receiving Party. To the extent that any such communications relate to the business of the non-receiving Party, the receiving Party shall promptly deliver such mail, telegrams, packages or other communications (or, in case the same relate to both businesses, copies thereof) to the other Party. No Party shall open mail unambiguously intended for another Party. The provisions of this Section 5.11 are not intended to, and shall not be deemed to, constitute an authorization by a Party to permit another Party to accept service of process on its behalf, and no Party is or shall be deemed to be the agent of another Party for service of process purposes.

Appears in 1 contract

Samples: Purchase Agreement (Bally Total Fitness Holding Corp)

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Mail and Other Communications. Each of SellersSeller, on the one hand, and PurchasersPurchaser, on the other hand, on behalf of itself and its Affiliates, authorizes the Vitro Entities Seller (and their respective its officers, directors, employees and agents), on the one hand, and Purchasers Purchaser and their its Affiliates (and their respective officers, directors, employees and agents), on the other hand, as the case may be, if any such Person receives any mail, telegram, package or other communication intended for another Party or such Party's ’s Affiliates and it is not readily apparent that such is the case, to open such communications and to retain the same to the extent that they relate to the business of the receiving Party. To the extent that any such communications relate to the business of the non-receiving Party, the receiving Party shall promptly deliver such mail, telegrams, packages or other communications (or, in case the same relate to both businesses, copies thereof) to the other Party. No Party shall open mail unambiguously intended for another PartyParty and marked confidential or proprietary. The provisions of this Section 5.11 6.8 are not intended to, and shall not be deemed to, constitute an authorization by a Party to permit another Party to accept service of process on its behalf, and no Party is or shall be deemed to be the agent of another Party for service of process purposes.

Appears in 1 contract

Samples: Asset Purchase Agreement (INSURE.COM, Inc)

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