Common use of Non-Circumvent Clause in Contracts

Non-Circumvent. The Company hereby agrees not to circumvent, avoid, bypass, or obviate, directly or indirectly, the intent of this Agreement through any transaction, transfer, pledge, agreement, recapitalization, loan, lease, assignment, or otherwise. The Company (including affiliates of such parties) agrees that it will not attempt, directly or indirectly, to contact parties first introduced to the Company by Network on matters described in section 2 of this Agreement or contact or negotiate with any confidential source provided by Network, except through Network or with the expressed written consent of Network as to each such contact. For the avoidance of any misunderstandings, Network agrees to give a prior written notification of one day to the Company advising of the name of the party to be introduced so as to ensure that the Company has not been already introduced to the said party by any of its advisors. The Company shall not contact, deal with, or otherwise become involved in any transaction with any corporation, partnership, individual, any banks, trust or lending institutions first introduced by or through Network without the permission of Network. Any violation of this provision shall be deemed an attempt to circumvent this provision, and the Company shall be liable for damages in favor of the circumvented party. This non-circumvention provision shall expire at the end of three years from the termination of the Agreement".

Appears in 4 contracts

Samples: Settlement Agreement (NewLead Holdings Ltd.), Settlement Agreement (NewLead Holdings Ltd.), Exchange Agreement (NewLead Holdings Ltd.)

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