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 nor the Business has any obligation or liability for the refund of monies to subscribers of the System, other than as evidenced by their respective refund (including deposit) account credit balances or as may be required under the rules and regulations relating to rates promulgated or to be promulgated by the FCC under the Cable Act.
Neither Seller. (i) has ever been, or is now, subject to a union organizing effort, (ii) is subject to any collective bargaining agreement with respect to any of its employees, or (iii) is subject to any other contract, written or oral, with any trade or labor union, employees' association or similar organization.
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 assign any rights or delegate any duties hereunder without the prior written consent of the other; provided, however, that Buyer may assign, in whole or in part, its right hereunder to one or more of its subsidiary companies, provided that no such assignment shall relieve Buyer of its obligations hereunder.
Neither Seller. Servicer, nor any Seller/Servicer affiliate, has granted or will grant to Secured Party or any other party under the Credit Facility, and the documents evidencing or securing the Credit Facility (the “Credit Facility Documents”) will specifically exclude, any lien on
Neither Seller. (nor any other Person for whose conduct either Seller may be held responsible) has any Cleanup Liability or other Environmental Liability in respect of any current or former Facility, any property adjoining any current or former Facility or any assets used or useful in the conduct of Sellers' Hauling Business in which the Seller has or had an interest.
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 Buyer nor any Affiliate of Seller or Buyer shall take a position in any tax proceeding, tax audit or otherwise inconsistent with the fair market value determinations described in the preceding paragraph; provided, however, that nothing contained herein shall require Seller or Buyer to contest any challenge to such determinations beyond the exhaustion of administrative remedies before any taxing authority or agency, and neither Seller nor Buyer shall be required to litigate before any court any proposed deficiency or adjustment by any taxing authority or agency which challenges such determinations of fair market value. In the event that any claim shall be made by any taxing authority against the Buyer or the Company or MTN, on the one hand, or Seller, on the other hand, that, if successful, would have the effect of altering such fair market value determinations, then the party that is the subject of such claim (the "Involved Party") shall give notice thereof to the other party (the "Other Party") in writing within ten Business Days thereof. Thereafter, the Involved Party shall have control of any contest relating thereto, but the Involved Party shall consider in good faith any request or suggestion by the Other Party for any conference, hearing or proceeding relating to such contest, shall (to the extent it is feasible to do so) permit the Other Party to participate therein at such Other Party's expense, shall not object to such Other Party's submission of briefs and memoranda of law relating thereto and shall provide the Other Party with any relevant information reasonably requested by such other Party.
