Neither of the Parties shall be liable for a failure to perform any of its obligations insofar as it proves:
Neither of the parties hereto may assign any of its rights or obligations under this Option Agreement or the Option created hereunder to any other person, without the express written consent of the other party, except that in the event a Subsequent Triggering Event shall have occurred prior to an Exercise Termination Event, Grantee, subject to the express provisions hereof, may assign in whole or in part its rights and obligations hereunder within 90 days following such Subsequent Triggering Event (or such later period as provided in Section 10); provided, however, that until the date 15 days following the date on which the Federal Reserve Board approves an application by Grantee under the BHCA to acquire the shares of Common Stock subject to the Option, Grantee may not assign its rights under the Option except in (i) a widely dispersed public distribution, (ii) a private placement in which no one party acquires the right to purchase in excess of 2% of the voting shares of Issuer, (iii) an assignment to a single party (e.g., a broker or investment banker) for the purpose of conducting a widely dispersed public distribution on Grantee's behalf, or (iv) any other manner approved by the Federal Reserve Board.
Neither of the Parties shall have the right to assign its rights and obligations under this Agreement in full or in part to third parties without the prior written consent of the other party.
Neither of the parties hereto may assign any of its rights or obligations under this Agreement or the Option created hereunder to any other person, without the express written consent of the other party, except that in the event a Triggering Event shall have occurred prior to an Exercise Termination Event, Grantee, subject to the express provisions hereof, may assign in whole or in part its rights and obligations under this Agreement or the Option created hereunder within 90 days following such Triggering Event (or such later period as provided in Section 10).
Neither of the parties to this Agreement shall assign or transfer any of its rights and/or obligations under this Agreement without the previous written consent of the other party.
Neither of the Parties shall be liable for full or partial non-execution of any obligations if such non-execution results from the contingencies as below (flood, fire, earthquake and other elements, and also wars and military actions of any kind, blockade, decrees issued by governmental authorities and other emergencies and unavoidable circumstances beyond the Parties’ control). 8.1 Ни одна из сторон не будет нести ответственность за полное или частичное неисполнение любой из своих обязанностей, если неисполнение будет являться следствием форс-мажорных обстоятельств (наводнение, пожар, землетрясение и другие стихийные бедствия, а также войны или военные действия разного рода, блокады, постановления органов государственной власти и иные чрезвычайные и непредотвратимые обстоятельства, не зависящие от воли сторон).
Neither of the parties hereto may assign any of its rights or delegate any of its obligations under this Option Agreement or the Option created hereunder to any other Person without the express written consent of the other party, except that Grantee may assign this Option Agreement to a wholly owned subsidiary of Grantee and Grantee may assign its rights hereunder in whole or in part within 90 days after the occurrence of a Preliminary Purchase Event that shall have occurred prior to an Exercise Termination Date; provided, however, that until the date 15 days after the OTS approves an application by Grantee to acquire the shares of Issuer Common Stock subject to the Option, Grantee may not assign its rights under the Option except in (i) a widely dispersed public distribution, (ii) a private placement in which no one party acquires the right to purchase shares having in excess of 2% of the voting power of the voting shares of Issuer, (iii) an assignment to a single party (e.g. a broker or investment banker for the purpose of conducting a widely dispersed public distribution on Grantee's behalf), or (iv) any other manner approved by the OTS. The term "Grantee" as used in this Option Agreement shall also be deemed to refer to Grantee's permitted assigns.
Neither of the parties hereto may assign any of its rights or delegate any of its obliga- tions under this Agreement or the Option created hereunder to any other person without the express written consent of the other party, except that Grantee may assign this Agreement to a wholly owned subsidiary of Grantee and Grantee may assign its rights hereunder in whole or in part after the occurrence of a Preliminary Purchase Event; provided, however, that until the date at which the Board of Governors of the Federal Reserve System ("FRB") has approved an application by Grantee under the BHC Act to acquire the shares of Common Stock subject to the Option, Grantee may not assign its rights under the Option except in (i) a widely dispersed public distribution, (ii) a private placement in which no one party acquires the right to purchase in excess of 2% of the voting shares of Issuer, (iii) an assignment to a single party (e.g., a broker or investment banker) for the purpose of conducting a widely dispersed public distribution on Grantee's behalf, or (iv) any other manner approved by the FRB. The term "Grantee" as used in this Agreement shall also be deemed to refer to Grantee's per- mitted assigns.
Neither of the parties hereto may assign any of its rights or delegate any of its obligations under this Agreement or the Option created hereunder to any other Person without the express written consent of the other party, except that Grantee may assign this Agreement to a wholly owned subsidiary of Grantee and Grantee may assign its rights hereunder in whole or in part after the occurrence of a Preliminary Purchase Event. The term "Grantee" as used in this Agreement shall also be deemed to refer to Grantee's permitted assigns.
Neither of the Parties shall be liable for complete or partial non-performance of obligations, if such non-performance resulted from Force-majeure circumstances such as fires, floods, strikes, wars (whether wars declared or undeclared), riots, embargoes, accidents, restrictions imposed by any governmental authority (including protection, quotas, priorities, requisitions and price control) and any other circumstances which are beyond control of the contracting Parties and have arisen after conclusion of the present Contract.
