Non-Fulfillment of Conditions. The non-fulfillment of any of the conditions described in Article16.14 above (whether or not the Effective Date occurs) shall not result in any liability to any Party unless such non-fulfillment is a result of a breach of this Agreement or any of the other SuperGen-Xxxxxx Agreements by such Party.
Non-Fulfillment of Conditions. If any condition specified in Section 5 (other than Sections 5(c), 5(h) (other than arising out of the Company's failure to respond to the NASD's reasonable request for information or reasonable assurances from the Company) and 5(i)(3)) shall not have been fulfilled when and as required to be fulfilled, this Agreement, or in the case of any condition to the purchase of the Option Unit, on a Date of Delivery which is after the Closing Time, the obligations of the several Underwriters to purchase the relevant Option Units, may be terminated by the Representative by notice to the Company at any time prior to Closing Time or such Date of Delivery, as the case may be, and such termination shall be without liability of any party to any other party except as provided in Section 4 and except that Section 1, 6, 7 and 8 shall survive any such termination and remain in full force and effect.
Non-Fulfillment of Conditions. If any of the conditions specified in Section 4.1 shall not have been fulfilled by the Expiration Date, the Company shall, at the Company’s election, be relieved of all further obligations under this Agreement, without thereby waiving any other rights it may have by reason of such non-fulfillment.
Non-Fulfillment of Conditions. If any of the conditions contained in Article 8 hereof shall not be fulfilled or performed by the Closing Date or such other later date mutually agreed upon by the parties and such condition is contained in:
Non-Fulfillment of Conditions. (a) This Agreement may be terminated at any time prior to the Closing:
Non-Fulfillment of Conditions. (a) Micron Singapore may at any time waive in whole or in part and conditionally or unconditionally the conditions set out in Section 5.1 by notice in writing to IMFS and Intel Singapore.
Non-Fulfillment of Conditions. If either Vendor or Purchaser fails to deliver any item that is required by Sections 5.1 or 5.2 at the Time of Closing but the other party elects to sign and close this Agreement, then the party so electing to sign and close this Agreement may not make a claim for indemnification or otherwise based upon the other party's failure to deliver any item required by Sections 5.1 or 5.2.
Non-Fulfillment of Conditions. If any of the above conditions is not ----------------------------- fulfilled and is not waived by the Supplier, this Agreement shall ipso facto cease and determine and all the parties hereto shall be released from their obligations under this Agreement and none of the parties hereto shall have any claim against the others for costs, damages, compensation or otherwise except (i) in respect of any breach by any party of sub-Clause (B) above and (ii) that if the non-fulfillment of Clause 2(A)(iv) was caused by the Supplier's default, each party shall bear its own costs and expenses, otherwise the Purchasers shall remain liable to pay the costs and expenses referred to in Clause 25.
Non-Fulfillment of Conditions. If any of the conditions specified in Section 5.1 shall not have been fulfilled by the Closing Date, the Issuer shall, at the Manager’s election, be relieved of all further obligations under this Subscription Agreement and the Note Purchase Agreement, without thereby waiving any other rights it may have by reason of such non-fulfillment.
Non-Fulfillment of Conditions. If any of the conditions specified in Section 5.1 shall not have been fulfilled by the Closing Date, the Placement Agent shall be relieved of all further obligations under this Subscription Agreement, without thereby waiving any other rights it may have by reason of such non-fulfillment.
