Neither Seller Sample Clauses
Neither Seller nor Buyer shall be liable in damages to the other for any act, omission or circumstances occasioned by or in consequence of, any acts of God, strikes, lockouts or other industrial disturbances, acts of the public enemy, wars, blockades, insurrections, riots, epidemics, fires, arrests and restraints of rulers and peoples, civil disturbances, explosions, breakage or accident to machinery, vessels or lines of pipe, repair or alterations of machinery, vessels or lines of pipe, acts of third party transporters including Williston Basin, freezing or failure of xxxxx or lines of pipe, the binding of any court or governmental authority, and any other cause, whether of the kind herein enumerated or otherwise, not within the control of the one claiming suspension and which, by the exercise of due diligence, it is unable to prevent or overcome.
Neither Seller nor Buyer may assign this Agreement, or any rights hereunder, to any other party without the prior written consent of the other party.
Neither Seller. (as it relates to the Newsprint Business) nor Apache has allowed or agreed to allow the lapse of any right with respect to any Material Permit;
Neither Seller nor Buyer shall issue a press release with respect to this Agreement and the transactions contemplated hereby except (i) in the form of Exhibit J hereto and (ii) as consented to in writing by the other party to this Agreement (such approval not to be unreasonably withheld or delayed). In no event shall any press release issued by Buyer disclose the identity of the Seller's direct or indirect beneficial owners by name.
Neither Seller not Buyer shall assign this Agreement ---------- without the prior written approval of the non-assigning party, which approval shall not be unreasonably withheld or unduly delayed. Seller hereby consents to an assignment by Buyer of its rights under this Agreement to ICB, LLC; notwithstanding the foregoing consent to assignment, Buyer shall nevertheless remain liable for compliance with and satisfaction of any and all terms and conditions of this Agreement required to be complied with to satisfied by Buyer and any such assignment shall have no effect on Buyer's duties, responsibilities, liabilities and obligations under this Agreement. Notwithstanding the foregoing, Seller shall have the right to assign this Agreement to any affiliate of Seller as a result of a corporate merger between Seller and such affiliate. Any assignment in violation of this Section 13 shall be null and void ab initio and of no further force or effect.
Neither Seller nor Buyer shall take any action, or fail to take any action, which would cause the revocation, termination, or suspension of effectiveness of the PD Permit.
Neither Seller nor Buyer shall assign its rights and obligations under this Agreement without the prior written consent of the other, except that Buyer may upon written notice to Seller assign this Agreement to a company affiliated with Buyer ("Buyer's Affiliate").
Neither Seller. Owner nor Purchaser shall avail itself of any remedy granted to it hereunder based upon an alleged default of another party hereunder unless and until written notice of the alleged default, in reasonable detail, has been delivered to a defaulting party by a non-defaulting party and the alleged default has not been cured on or before 5:00 p.m. (local time) on the tenth fifth (10th) day next following delivery of said notice of default, except as otherwise specifically set forth in this Contract.
Neither Seller nor either of the Shareholders has received any notice of cancellation or notice of a material amendment of any such insurance policy or bond, and Seller is not in default under any such policy or bond, no coverage thereunder is being disputed and all material claims thereunder have been filed in a timely fashion.
Neither Seller nor Buyer shall have any obligation to indemnify the other or any other Persons under this Agreement pursuant to Section 11.1 or Section 11.2, respectively, against lost profits or consequential or incidental damages.