Termination; Survival of Obligations. (a) This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the earlier of (i) the Class C Maturity Date or (ii) the Redemption Date.
Termination; Survival of Obligations. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the date on which the outstanding balances of all Transferred Receivables have been reduced to zero; provided, that the rights and remedies provided for herein with respect to any breach of any representation or warranty made by Master Servicer pursuant to Article III, the indemnification and payment provisions of Article VII and Sections 8.4 and 8.12 shall be continuing and shall survive such reduction.
Termination; Survival of Obligations. (a) This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the payment in full of each series of Investor Notes and each series of Preferred Membership Interests.
Termination; Survival of Obligations. Except as set forth herein, the License Agreement is terminated. Only the confidentiality provisions of Sections 7.1, 7.2, and 7.3 of the License Agreement (and any applicable provisions of the Confidential Disclosure Agreement between Diversa and IntraBiotics executed on July 17, 2000 that do not contradict the terms of Sections 7.1, 7.2 or 7.3 of the License Agreement) shall survive for a period of ten (10) years.
Termination; Survival of Obligations. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the later of (a) the termination of Funding LLC as provided in the Funding LLC Limited Liability Company Agreement and (b) such date agreed upon between SRC and the Sellers (such date the “Agreement Termination Date”).
Termination; Survival of Obligations. Either Seller or Buyer may (unless such party is then in breach of this Agreement) terminate this Agreement if the Closing has not occurred by October 31, 2008, or such later date as the parties agree upon. All representations and warranties contained in this Agreement shall survive the consummation of the transactions contemplated by this Agreement for a period of two (2) years. The covenants and agreements contained herein shall survive the Closing, subject to any applicable statute of limitations.
Termination; Survival of Obligations. The provisions of Sections 10, 11 and 12 hereof shall survive termination of this Agreement for any reason.
Termination; Survival of Obligations. (a)This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the Termination Date. (b)Except as otherwise expressly provided herein or in any other Related Document, no termination or cancellation (regardless of cause or procedure) of any commitment made by CRLLC under this Agreement shall in any way affect or impair the obligations, duties and liabilities of any Originator or the rights of CRLLC relating to any unpaid portion of any and all recourse and indemnity obligations of such Originator to CRLLC, including those set forth in Sections 4.02(o), 4.04, 5.01 and 8.14, due or not due, liquidated, contingent or unliquidated or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Facility Termination Date. Except as otherwise expressly provided herein or in any other Related Document, all undertakings, agreements, covenants, warranties and representations of or binding upon each Originator, and all rights of CRLLC hereunder, all as contained in the Related Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until the Termination Date. On the Termination Date, this Agreement shall terminate (except to the extent otherwise expressly provided herein), all ownership interests or Liens of CRLLC in and to all Transferred Receivables shall be released by CRLLC and CRLLC shall promptly return any and all of the Transferred Receivables then in its possession to the appropriate Originators and shall execute such documents (including without limitation UCC-3=s) as the Originator may reasonably request to evidence such releases and terminations (provided that such documents shall be prepared and recorded at the Originator's expense); provided, that the rights and remedies pursuant to Sections 4.02(o), 4.04, the indemnification and payment provisions of Article V, and the provisions of Sections 4.03(j), 8.03, 8.12 and 8.14 shall be continuing and shall survive the Termination Date and any termination of this Agreement. SECTION 8.05
Termination; Survival of Obligations. In the event that either Party is in material breach or default of the terms of this Agreement and such breach or default continues for a period of thirty (30) days after receipt of written notice from the other Party, then the Party not in breach or default shall have the right to terminate this Agreement without any charge , obligation or liability except for (i) charges to Licensee for Software Products already delivered and accepted or deemed accepted and (ii) charges to Licensee for Services already performed. Notwithstanding the foregoing, if the non-breaching party is Licensee, Licensee may, at its option and in addition to the remedies provided in Section 8A , return all Software Products to Lucent and receive a refund from Lucent for the amounts paid to Lucent in clauses (i) and (ii) above. The Party not in breach or default shall provide full cooperation to the other party in every reasonable way to facilitate the remedy of the breach or default hereunder within the applicable cure period. Notwithstanding the foregoing, if the nature of the material breach or default is such that it is not a payment obligation (other than failure to comply with the license restrictions contained herein) and it is incapable of cure within the foregoing thirty (30) day period, then the thirty (30) day cure period may be extended for a reasonable period of time (in no event to exceed an additional thirty (30) days), provided that the Party in breach or default is proceeding diligently and in good faith to effectuate a cure. The Parties agree, in good faith to negotiate and finalize the maintenance agreement (the "Maintenance Agreement"), as referred to in the letter from Lucent dated October 21, 1998, within a period of fifteen (15) business days following the Effective Date. The Maintenance Agreement will be based on the pricing and other principles as stated in the above referred to letter. In the event no agreement is reached within said time frame with respect to a maintenance agreement, either party will have the right to immediately terminate this Agreement with no additional obligations. The Parties' rights and obligations which, by their nature, would continue beyond the termination, cancellation, or expiration of this Agreement, including but not limited to, the obligations in the clauses entitled Limitations of Liability, Patents, Trademarks and Copyrights, Use of Information, Publication of Agreement, and Export Control, shall survive such termination, ca...
Termination; Survival of Obligations. (a)This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until the Termination Date. (b)Except as otherwise expressly provided herein or in any other Related Document, no termination or cancellation (regardless of cause or procedure) of any commitment made by CRLLC under this Agreement shall in any way affect or impair the obligations, duties and liabilities of any Originator or the rights of CRLLC relating to any unpaid portion of any and all recourse and indemnity obligations of such Originator to CRLLC, including those set forth in Sections 4.02(o), 4.04, 5.01 and 8.14, due or not due, liquidated, contingent or unliquidated or any transaction or event occurring prior to such termination, or any transaction or event, the performance of which is required after the Facility Termination Date. Except as otherwise expressly provided herein or in any other Related Document, all undertakings, agreements, covenants, warranties and representations of or binding upon each Originator, and all rights of CRLLC hereunder, all as contained in the Related Documents, shall not terminate or expire, but rather shall survive any such termination or cancellation and shall continue in full force and effect until the Termination Date. On the Termination Date, this Agreement shall terminate (except to the extent otherwise expressly provided herein), all ownership interests or Liens of CRLLC in and to all Transferred Receivables shall be released by CRLLC and CRLLC shall promptly return any and all of the Transferred Receivables then in its possession to the appropriate Originators and shall execute such documents (including without limitation UCC-3=s) as the Originator may reasonably request to evidence such releases and terminations (provided that such documents shall be prepared and recorded at the Originator's expense); provided, that the rights and remedies pursuant to Sections 4.02(o), 4.04, the indemnification and payment provisions of Article V, and the provisions of Sections 4.03(j), 8.03, 8.12 and 8.14 shall be continuing and shall survive the Termination Date and any termination of this Agreement. SECTION 8.05
