Common use of No Joint Venture Clause in Contracts

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this Section.

Appears in 35 contracts

Sources: Master Closing Agreement, Master Closing Agreement (Fluidigm Corp), Development and License Agreement (Jni Corp)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their the parties' status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 29 contracts

Sources: Asset Acquisition Agreement (Adaptec Inc), Agreement and Plan of Reorganization (Harrison Richard T), Securities Purchase Agreement (Trinity Learning Corp)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 27 contracts

Sources: Merger Agreement (SoftNet Technology Corp.), Acquisition Agreement (Adc Telecommunications Inc), Merger Agreement (Gric Communications Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 13 contracts

Sources: Merger Agreement (Villageedocs Inc), Merger Agreement (HNC Software Inc/De), Exchange Agreement (Flextronics International LTD)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any otherother party. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 11 contracts

Sources: Exchange Agreement (Glu Mobile Inc), Merger Agreement (Glu Mobile Inc), Merger Agreement (Datameg Corp)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 8.16.

Appears in 7 contracts

Sources: Agreement and Plan of Merger (Barnes & Noble Inc), Merger Agreement (Barnes & Noble Inc), Merger Agreement (CommerceHub, Inc.)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 13.12.

Appears in 7 contracts

Sources: Stock Purchase Agreement (Revelyst, Inc.), Stock Purchase Agreement (Outdoor Products Spinco Inc.), Stock Purchase Agreement (Outdoor Products Spinco Inc.)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their other. The status of the parties hereto is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 7 contracts

Sources: Merger Agreement (SSP Solutions Inc), Merger Agreement (SSP Solutions Inc), Stock Purchase Agreement (Telenetics Corp)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee employee, or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 6 contracts

Sources: Merger Agreement (Labor Ready Inc), Agreement and Plan of Merger (Covance Inc), Stock Purchase Agreement (Nationwide Financial Solutions, Inc.)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 13.11.

Appears in 6 contracts

Sources: Merger Agreement, Merger Agreement (MINDBODY, Inc.), Agreement and Plan of Reorganization (Magma Design Automation Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 12.11.

Appears in 6 contracts

Sources: Purchase Agreement (Coupa Software Inc), Merger Agreement (Wright Medical Group N.V.), Merger Agreement (Netscreen Technologies Inc)

No Joint Venture. Nothing contained in this Agreement shall will be ---------------- deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 6 contracts

Sources: Agreement and Plan of Reorganization (Seagate Technology Inc), Merger Agreement (Asymetrix Learning Systems Inc), Agreement and Plan of Reorganization (Seagate Software Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other party and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 6 contracts

Sources: Exchange Agreement (International Microcomputer Software Inc /Ca/), Exchange Agreement (International Microcomputer Software Inc /Ca/), Exchange Agreement (HNC Software Inc/De)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party hereto is by virtue of this Agreement authorized as an agent, employee or legal representative of any other partyparty hereto. No party hereto shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party hereto shall have any power or authority to bind or commit any other. No party hereto shall hold itself out as having any authority or relationship in contravention of this Section.

Appears in 6 contracts

Sources: Asset Purchase Agreement (Mystic Holdings Inc./Nv), Asset Purchase Agreement (Mystic Holdings Inc./Nv), Asset Purchase Agreement (Terra Tech Corp.)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee employee, or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 10.5.

Appears in 5 contracts

Sources: Agreement and Plan of Merger (Flow International Corp), Merger Agreement (Flow International Corp), Merger Agreement (Flow International Corp)

No Joint Venture. Nothing contained in this This Agreement shall not be deemed to establish a joint venture, partnership, association or fiduciary or similar relationship between the Parties for any purpose. Nothing herein contained shall be construed as creating a joint venture authorizing either Party to act as agent for or partnership between to negotiate or conclude any contract (or similar instrument) in the name of or on behalf of the parties heretoother Party. No party is by virtue Neither Party shall make any representations, warranties or commitments, express or implied, which purport to bind, or do bind, the other Party. Each Party shall be fully responsible for its Representatives’ compliance with the applicable provisions of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionAgreement.

Appears in 5 contracts

Sources: Collaboration Agreement (Circle Internet Group, Inc.), Collaboration Agreement (Circle Internet Group, Inc.), Collaboration Agreement (Circle Internet Group, Inc.)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 10.13.

Appears in 5 contracts

Sources: Merger Agreement (Force10 Networks Inc), Merger Agreement (Varian Inc), Merger Agreement (Carrier Access Corp)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any otherother party. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 10.8.

Appears in 5 contracts

Sources: Merger Agreement (CDC Corp), Merger Agreement (CDC Corp), Merger Agreement (CDC Corp)

No Joint Venture. Nothing contained in this Agreement shall will be ---------------- deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any otherother party. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 5 contracts

Sources: Merger Agreement (Interwoven Inc), Agreement and Plan of Reorganization (At Home Corp), Merger Agreement (At Home Corp)

No Joint Venture. Nothing contained in this Agreement shall will be deemed ---------------- or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any otherother party. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 4 contracts

Sources: Agreement and Plan of Reorganization (At Home Corp), Merger Agreement (Keynote Systems Inc), Merger Agreement (Keynote Systems Inc)

No Joint Venture. Nothing contained in this Agreement shall will be ---------------- deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their the parties' status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 4 contracts

Sources: Asset Acquisition Agreement (Ravisent Technologies Inc), Agreement and Plan of Reorganization (Verisign Inc/Ca), Merger Agreement (Verisign Inc/Ca)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties Parties hereto. No party Party is by virtue of this Agreement is authorized as an agent, employee or legal representative Representative of any other partyParty. No party Party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party Party shall have any power or authority to bind or commit any otherother Party. No party Party shall hold itself out as having any authority or relationship in contravention of this SectionSection 8.18.

Appears in 4 contracts

Sources: Merger Agreement (Cco Holdings LLC), Merger Agreement (Liberty Broadband Corp), Merger Agreement (Charter Communications, Inc. /Mo/)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No Except as provided otherwise in Section 2, no party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No Without in any way limiting the rights or obligations of any party hereto under this Agreement, prior to the Effective Time, (i) no party shall have the power by virtue of this Agreement to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No (ii) no party shall have any power or authority by virtue of this Agreement to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 5.13.

Appears in 4 contracts

Sources: Voting and Support Agreement, Voting and Support Agreement (Sothebys), Voting and Support Agreement (Third Point LLC)

No Joint Venture. Nothing This Agreement does not constitute and shall not be construed to constitute an agency, a partnership or a joint venture between the Parties. Neither Party shall have any power or right, nor shall it represent itself as having any power or right to obligate or bind the other Party in any manner whatsoever and nothing contained in this Agreement shall be deemed give or construed as creating a joint venture or partnership is intended to give any rights of any nature to third party. This is an agreement between any separate entities and neither is the agent of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of other for any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this Sectionpurpose whatsoever.

Appears in 4 contracts

Sources: License Agreement (National Quality Care Inc), License Agreement (Xcorporeal, Inc.), License Agreement (Xcorporeal, Inc.)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties heretoparties. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their the status of each is, and at all times, will continue to be, that of an independent contractors contractor with respect to each the other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Sectionsection.

Appears in 4 contracts

Sources: Combination Agreement (Pioneer Natural Resources Co), Combination Agreement (Pioneer Natural Resources Co), Combination Agreement (Electronic Retailing Systems International Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties heretoparties. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 3 contracts

Sources: Combination Agreement (Amdocs LTD), Combination Agreement (Transaction Systems Architects Inc), Combination Agreement (Amdocs LTD)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 12.13.

Appears in 3 contracts

Sources: Agreement and Plan of Reorganization (Puma Technology Inc), Stock Purchase Agreement (Netmanage Inc), Stock Purchase Agreement (Intercell Corp)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their other. The status of the parties hereto is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 3 contracts

Sources: Agreement and Plan of Reorganization (Trizetto Group Inc), Agreement and Plan of Reorganization (Ims Health Inc), Merger Agreement (Ims Health Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 13.14.

Appears in 3 contracts

Sources: Merger Agreement (2themart Com Inc), Merger Agreement (Go Online Networks Corp), Merger Agreement (Go Online Networks Corp)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their its status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 3 contracts

Sources: Agreement and Plan of Reorganization (Santa Cruz Operation Inc), Agreement and Plan of Reorganization (Santa Cruz Operation Inc), Agreement and Plan of Reorganization (Caldera Systems Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 9.14.

Appears in 3 contracts

Sources: Merger Agreement (Industrial Rubber Innovations Inc), Merger Agreement (Pacific Engineering Systems Inc), Merger Agreement (GTC Telecom Corp)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of among the parties heretoParties. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party Party shall have the power to control the activities and or operations of any other another Party and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party Party shall hold itself out as having any authority or relationship in contravention of this SectionParagraph.

Appears in 3 contracts

Sources: Nurse Family Partnership Implementation Agreement, Implementation Agreement, Implementation Agreement

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 10.14.

Appears in 3 contracts

Sources: Merger Agreement (Symantec Corp), Merger Agreement (Symantec Corp), Merger Agreement (Altiris Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed ---------------- or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 3 contracts

Sources: Agreement and Plan of Reorganization (Asymetrix Learning Systems Inc), Reorganization Agreement (Asymetrix Learning Systems Inc), Agreement and Plan of Reorganization (Asymetrix Learning Systems Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of among the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other partyParties. No party shall have the power to control the activities and or operations of any other another party and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionParagraph.

Appears in 3 contracts

Sources: Implementation Agreement, Implementation Agreement, Nurse Family Partnership Implementation Agreement

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties heretoto this Agreement. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their other. The status of the parties hereto is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 3 contracts

Sources: Stock Purchase Agreement (Research Engineers Inc), Stock Purchase Agreement (Research Engineers Inc), Stock Purchase Agreement (Research Engineers Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any otherother party. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 12.11.

Appears in 2 contracts

Sources: Merger Agreement (Advanced Power Technology Inc), Merger Agreement (Symyx Technologies Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSECTION 10.

Appears in 2 contracts

Sources: Agreement of Purchase and Sale of Stock (Pathways Group Inc), Agreement of Purchase and Sale of Stock (Pathways Group Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee employee, or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 12.5.

Appears in 2 contracts

Sources: Merger Agreement (Gsi Commerce Inc), Merger Agreement (Gsi Commerce Inc)

No Joint Venture. Nothing contained in this Agreement shall will ---------------- be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their the parties' status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 2 contracts

Sources: Asset Acquisition Agreement (Ravisent Technologies Inc), Asset Acquisition Agreement (Phoenix Technologies LTD)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 8.14.

Appears in 2 contracts

Sources: Agreement and Plan of Reorganization (Identix Inc), Agreement and Plan of Reorganization (Viisage Technology Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and A-79 81 operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 2 contracts

Sources: Agreement and Plan of Reorganization (Seagate Software Inc), Agreement and Plan of Reorganization (Seagate Software Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No Except as otherwise specified herein: (a) no party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No ; (b) no party shall will have the power to control the activities and operations of any other and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No ; (c) no party shall will have any power or authority to bind or commit any other. No other party; and (d) no party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 12.12.

Appears in 2 contracts

Sources: Merger Agreement (Interwoven Inc), Merger Agreement (Interwoven Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their the parties’ status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 13.04.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Distributed Energy Systems Corp), Asset Purchase Agreement (Distributed Energy Systems Corp)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 9.13.

Appears in 2 contracts

Sources: Merger Agreement (Hardinge Inc), Merger Agreement (Shutterfly Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 13.13.

Appears in 2 contracts

Sources: Merger Agreement (Network Equipment Technologies Inc), Purchase Agreement (Network General Corporation)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No Without in any way limiting the rights or obligations of any party hereto under this Agreement, prior to the Second Merger Effective Time, (i) no party shall have the power by virtue of this Agreement to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No (ii) no party shall have any power or authority by virtue of this Agreement to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 4(n).

Appears in 2 contracts

Sources: Sponsor Support Agreement (Arrival), Sponsor Support Agreement (Kensington Capital Acquisition Corp. V)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their the parties’ status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 13.17.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Advanced Semiconductor Engineering Inc), Asset Purchase Agreement (Ase Test LTD)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 15.15.

Appears in 2 contracts

Sources: Agreement and Plan of Reorganization (Goodnoise Corp), Agreement and Plan of Reorganization (Goodnoise Corp)

No Joint Venture. Nothing contained in this Agreement shall will be ---------------- deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their its status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 2 contracts

Sources: Agreement and Plan of Reorganization (Tarantella Inc), Agreement and Plan of Reorganization (Tarantella Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties heretoD-R and E-C. The Parties agree that they will not by their conduct form such a joint venture or partnership and that they will not be deemed to be partners or joint venturers unless they agree in writing that they are such. No party Neither Party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other partythe other. No party Neither Party shall have the power to control the activities and operations of any the other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each othercontractors. No party Neither Party shall have any power or authority to bind or commit any the other. No party shall hold itself out as having any authority or relationship in contravention of this Section.

Appears in 2 contracts

Sources: Commercial and Manufacturing License Agreement (Ener-Core, Inc.), Commercial License Agreement (Ener-Core Inc.)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 13.15.

Appears in 2 contracts

Sources: Merger Agreement (Healthdesk Corp), Merger Agreement (Mattson Technology Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 8.13.

Appears in 2 contracts

Sources: Merger Agreement (Arabian American Development Co), Merger Agreement (Synplicity Inc)

No Joint Venture. Nothing contained in this Agreement shall be ---------------- deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 12.14.

Appears in 2 contracts

Sources: Agreement and Plan of Reorganization (Netsource Communications Inc), Agreement and Plan of Reorganization (Visigenic Software Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed ---------------- or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their other. The status of the parties hereto is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Saunders & Parker Inc), Stock Purchase Agreement (Parker Terry S)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any otherother party. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 10.10.

Appears in 2 contracts

Sources: Asset Acquisition Agreement (Interwoven Inc), Asset Purchase Agreement (CDC Corp)

No Joint Venture. Nothing contained in this Agreement shall will be ---------------- deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other party and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 2 contracts

Sources: Agreement and Plan of Reorganization (Homestore Com Inc), Exchange Agreement (Homestore Com Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this Section.

Appears in 2 contracts

Sources: Merger Agreement (Seec Inc), Agreement and Plan of Reorganization (Intuit Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties Parties hereto. No party Party is by virtue of this Agreement authorized as an agent, employee or legal representative Representative of any other partyParty. No party Party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party Party shall have any power or authority to bind or commit any otherother Party. No party Party shall hold itself out as having any authority or relationship in contravention of this SectionSection 8.17.

Appears in 2 contracts

Sources: Merger Agreement (Liberty Expedia Holdings, Inc.), Merger Agreement (Expedia Group, Inc.)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their the parties' status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 9.18.

Appears in 2 contracts

Sources: Agreement and Plan of Reorganization (Silicon Image Inc), Agreement and Plan of Reorganization (Silicon Image Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties heretoParties. No party Neither Party is by virtue of this Agreement authorized as an agent, employee employee, or legal representative of any the other partyParty. No party Neither Party shall have the power to control the activities and operations of any the other Party and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party Neither Party shall have any power or authority to bind or commit any otherthe other Party. No party Neither Party shall hold itself out as having any authority or relationship in contravention of this SectionSection 12.10.

Appears in 1 contract

Sources: Transition Services Agreement (Trident Microsystems Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their the parties’ status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 9.18.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Silicon Image Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties heretoparties. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their the parties' status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 11.11.

Appears in 1 contract

Sources: Merger Agreement (Carreker Antinori Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement agreement authorized as an agent, employee or legal representative of any other party. No party shall Party will have the power to control the activities and operations of any other other, and their the parties' status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall Party will have any power or authority to bind or commit any other. No party shall Party will hold itself out as having any authority or relationship in contravention of this Sectionsection.

Appears in 1 contract

Sources: Stock Purchase Agreement (Allegheny Energy Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No Except as specifically provided with respect to the Representative, no party shall will have any power or authority to bind or commit any otherother party. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 1 contract

Sources: Exchange Agreement (Glu Mobile Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No Except as set forth in Section 10.7, no party shall hold itself out as having any authority or relationship in contravention of this SectionSection 10.11.

Appears in 1 contract

Sources: Asset Purchase Agreement (Apogee Technology Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 13.15 ("No Joint Venture").

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Calico Commerce Inc/)

No Joint Venture. Nothing contained in this Agreement shall will be deemed ---------------- or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall hereto will have any power or authority to bind or commit any other. No party shall hereto will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Paetec Corp)

No Joint Venture. Nothing contained in this Agreement shall be ---------------- deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 9.14.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Netsource Communications Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their other. The status of the parties hereto is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 12.11.

Appears in 1 contract

Sources: Merger Agreement (Softkey International Inc)

No Joint Venture. Nothing contained in this Agreement shall will be ---------------- deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors entities with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 1 contract

Sources: Asset Transfer Agreement (Tsi International Software LTD)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 8.06.

Appears in 1 contract

Sources: Asset Purchase Agreement (Ember Therapeutics, Inc. - Ny)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership among or between any of the parties Parties hereto. No party Party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other partyParty. No party shall Party will have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall Party will have any power or authority to bind or commit any other. No party shall Party will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 1 contract

Sources: Merger Agreement (Access Beyond Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No Except as otherwise expressly set forth herein, no party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 1 contract

Sources: Merger Agreement (Homestore Com Inc)

No Joint Venture. Nothing contained in this Agreement these Terms shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement these Terms authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other other, and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this Section.

Appears in 1 contract

Sources: Terms of Service

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 10.11.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Opsware Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 13.11.

Appears in 1 contract

Sources: Merger Agreement (Motorola Inc)

No Joint Venture. Nothing contained in this Agreement shall be ---------------- deemed or construed as creating a joint venture or partnership between any of the parties hereto. No Except as specifically provided herein (i) no party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No , (ii) no party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No other and (iii) no party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 12.13.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Zhone Technologies Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this Section‎Section 8.16.

Appears in 1 contract

Sources: Merger Agreement (HSN, Inc.)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 12.06.

Appears in 1 contract

Sources: Asset Purchase Agreement (Ember Therapeutics, Inc. - Ny)

No Joint Venture. Nothing contained in this Agreement shall will ---------------- be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 1 contract

Sources: Asset Sale Agreement (DCH Technology Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No Except as provided herein, no party shall will have any power or authority to bind or commit any otherother party. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 5.10.

Appears in 1 contract

Sources: Asset Purchase Agreement (Cheetah Mobile Inc.)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 12.12.

Appears in 1 contract

Sources: Asset Purchase and Intellectual Property License Agreement (MACOM Technology Solutions Holdings, Inc.)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee employee, or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 1 contract

Sources: Registration Rights Agreement (Gsi Commerce Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of among the parties heretoparties. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their the parties' status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 12.11.

Appears in 1 contract

Sources: Asset Purchase Agreement (Internet Golf Association Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or ----------------- construed as creating a joint venture or partnership between any of the parties hereto. No Except as otherwise expressly provided, neither party is by virtue of this Agreement authorized as an agent, employee or legal representative of any the other party. No party shall have the power to control the activities and operations of any other , and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No Neither party shall have have, or shall hold itself out as having, any power or authority to bind or commit any the other. No party shall hold itself out as having any authority or relationship in contravention of this Section.

Appears in 1 contract

Sources: Asset Purchase Agreement (Nucycle Therapy Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this Section.Section 8.14. [SIGNATURE PAGE NEXT]

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Lau Acquisition Corp)

No Joint Venture. Nothing contained in this Agreement shall will be ------------------ deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Lamy Robert)

No Joint Venture. Nothing contained in this Agreement Agreement, including but not limited to the provisions of Section 9.6, shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 14.10.

Appears in 1 contract

Sources: Stock Purchase Agreement (Raytel Medical Corp)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of among the parties heretoparties. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their the parties' status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 10.11.

Appears in 1 contract

Sources: Merger Agreement (Carreker Antinori Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of among the parties heretoparties. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their the parties' status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 6.11.

Appears in 1 contract

Sources: Merger Agreement (Edge Technology Group Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their the parties’ status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 9.9.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Force10 Networks Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their the parties' status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Tekelec)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties Parties hereto. No party Party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other partyParty. No party shall Party will have the power to control the activities and operations of any other other, and their the Parties' status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall Party will have any power or authority to bind or commit any other. No party shall Party will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 1 contract

Sources: Asset Purchase Agreement (Presstek Inc /De/)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their the parties' status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 12.11.

Appears in 1 contract

Sources: Exchange Agreement (Intuit Inc)

No Joint Venture. Nothing contained in this Agreement shall be ---------------- deemed or construed as creating a joint venture or partnership between any of the parties hereto. No Except as specifically provided herein (i) no party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No , (ii) no party shall have the power to control the activities and operations of any other and their status is, and at all times, will continue to be, that of independent contractors with respect to each other. No other and (iii) no party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 15.13.

Appears in 1 contract

Sources: Agreement and Plan of Reorganization (Zhone Technologies Inc)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their Cd-Rom status is, and at all times, will continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any other. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 6.14.

Appears in 1 contract

Sources: Reorganization Agreement (2themart Com Inc)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative Representative of any other party. No party shall will have the power to control the activities and operations of any other other, and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No Except as provided herein, no party shall will have any power or authority to bind or commit any otherother party. No party shall will hold itself out as having any authority or relationship in contravention of this SectionSection 9.9.

Appears in 1 contract

Sources: Asset Purchase Agreement (Orgenesis Inc.)

No Joint Venture. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall have the power to control the activities and operations of any other and their status is, and at all times, will times shall continue to be, that of independent contractors with respect to each other. No party shall have any power or authority to bind or commit any otherother party. No party shall hold itself out as having any authority or relationship in contravention of this SectionSection 13.10.

Appears in 1 contract

Sources: Share Purchase Agreement (Tribune Media Co)

No Joint Venture. Nothing contained in this Agreement shall will be deemed or construed as creating a joint venture or partnership between any of the parties hereto. No party is by virtue of this Agreement authorized as an agent, employee or legal representative of any other party. No party shall will have the power to control the activities and operations of any other and their status is, and at all times, times will continue to be, that of independent contractors with respect to each other. No party shall 48 will have any power or authority to bind or commit any other. No party shall will hold itself out as having any authority or relationship in contravention of this Section.

Appears in 1 contract

Sources: Merger Agreement (HNC Software Inc/De)