Common use of Third Parties Clause in Contracts

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act to relieve or discharge the obligation or liability of any third party to any Party to this Agreement, nor will any provision give any third party any right of subrogation or action over or against any Party to this Agreement.

Third Parties. Nothing Unless expressly stated herein to the contrary, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective administrators, executors, other legal representatives, heirs, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in to this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other person other than the parties and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third person to either party to any Party to this Agreementhereto, nor will shall any provision give any third party any right of subrogation or action actions over or against either party hereto. This Agreement is not intended to and does not create any Party to this Agreementthird party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or in remedies under or by reason of this Agreement on any persons Persons other than the parties to it and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third Persons to any party to any Party to this Agreementagreement, nor will shall any provision give any third party Persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective permitted transferees, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will shall any provision give any third party person any right of subrogation or action over or against any Party party to this Agreement.. [Signatures appear on following page]

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other person other than the parties hereto and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party parties any right of subrogation or action over or against any Party party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Unless expressly stated herein to the contrary, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective legal representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is Intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Unless expressly stated herein to the contrary, ------------- nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective administrators, executors, other legal representatives, heirs, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Unless expressly stated herein to the contrary, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons person other than the parties Parties hereto and their respective legal representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party to this AgreementParty, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party to this AgreementParty.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons Persons other than the parties Parties and their respective successors and permitted assignsassigns (except for the Buyer Indemnitees and Seller Indemnitees with respect to the indemnification rights provided to such Persons under Article VII), except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party Person to any Party to this AgreementParty, nor will shall any provision give any third party Person any right of subrogation or action over or against any Party to this AgreementParty.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on upon any persons other person other than the parties hereto and their respective permitted successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries ofand any third parties expressly mentioned herein, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party parties any right of subrogation or action over or against any Party party to this Agreement. Except to the extent expressly provided for herein, this Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement Agreement, on any persons person other than the parties and Parties their respective legal representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party person to any Party to this Agreement, nor will shall any provision of this Agreement be interpreted to give any third party person any right of subrogation or action over or against any Party to this Agreementthe Parties.

Third Parties. Nothing in this Agreement, whether express or implied, Agreement is intended to confer create or imply the existence of any rights or remedies under waivers hereunder for or by reason on behalf of this Agreement on any persons other than the parties and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries ofthird party not a signatory hereto, and will no such third party shall be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act to relieve or discharge the obligation or liability of any third party to any Party to this Agreement, nor will any provision give any third party any right of subrogation or action over or against any Party to this Agreementperson or entity.

Third Parties. Nothing Unless expressly stated herein to the contrary, -------------- nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective administrators, executors, other legal representatives, heirs, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Except as otherwise explicitly provided herein, nothing in this Agreementagreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement agreement on any other persons other than the parties Parties and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act agreement intended to relieve or discharge the obligation or liability of any third party persons to any Party to this AgreementParty, nor will shall any provision give any third party parties any right of subrogation or action over or against any Party of the Parties hereto. This Agreement is not intended to this Agreementand does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing Except as provided in Section 8.2 above, nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons person other than the parties hereto and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will any and no provision shall give any third party parties any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other person other than the parties and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third person to either party to any Party to this Agreementhereto, nor will shall any provision give any third party any right of subrogation or action actions over or against either party hereto. This Agreement is not intended to and does not create any Party to this Agreementthird-party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under under, or by reason of of, this Agreement on any persons other than the parties to it and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or ------------- implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Unless expressly stated herein to the contrary nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons person other than the parties hereto and their respective legal representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will not shall any provision give any third party this persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Except for the provisions of Section 3.12 herein, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and permitted assigns, nor, except that for the Indemnified Parties are the stipulated beneficiaries ofprovisions of Section 3.12 herein, and will be entitled to enforce their respective rights under, Section 7.17. Nothing is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Except as expressly set forth in this Agreement, whether express or implied, is intended to this Agreement shall not (a) confer any rights or remedies under or by reason of this Agreement on any persons person other than the parties Parties and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act to ; (b) relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will any provision give ; or (c) otherwise create any third party any right of subrogation or action over or against any Party to this Agreementbeneficiary rights.

Third Parties. Nothing in this Agreement, whether express or ------------- implied, is intended to confer any rights right or remedies remedy under or by reason of this Agreement on any persons Person other than the parties Parties hereto and their respective heirs, representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled nor is anything set forth herein intended to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act to relieve affect or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other person other than the parties to this Agreement and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will does any provision give any third party any right of subrogation or action actions over or against any Party either party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express ------------- expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons person other than the parties hereto and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party parties any right of subrogation or action over or against any Party party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons person other than the parties hereto and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party parties any right of subrogation or action over or against any Party party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing Unless expressly stated in this Agreement to the contrary, nothing in this Agreement, whether express or implied, is intended to confer any 32 33 rights or remedies under or by reason of this Agreement on any persons other than the parties to this Agreement and their respective legal representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or ------------- implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, Agreement is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective legal representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or obligation/liability of any third party persons to any Party party to this Agreement, nor will shall any provision in this Agreement give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Except for the rights of Sciens expressly provided in this Agreement and the rights of any indemnitee set forth in Article XII of this Agreement, nothing in this Agreement, whether express or implied, is intended to confer upon any rights party, other than the parties hereto, and their successors and permitted assigns, any rights, remedies, obligations or remedies liabilities under or by reason of this Agreement on any persons other than the parties and their respective successors and permitted assignsAgreement, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act to relieve or discharge the obligation or liability of any third party to any Party to this Agreement, nor will any provision give any third party any right of subrogation or action over or against any Party to this Agreementas expressly provided herein.

Third Parties. Nothing Unless expressly stated herein to the contrary, ------------- nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective legal representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons person other than the parties hereto and their respective legal representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, Agreement is intended to confer any rights or remedies under or by reason of this Agreement right on any persons Person, other than the parties Parties hereto and their respective successors and permitted assigns, except that assigns and the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing Persons; nor is anything in this Agreement will act intended to relieve modify or discharge the obligation or liability of any third party Person to any Party to this Agreement, nor will shall any provision give any third party Person any right of subrogation or action over or against any Party to this Agreement.

Third Parties. Nothing in this AgreementAgreement (except Sections 8.2 and 10.2), whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons person other than the parties hereto and their respective successors and permitted assigns, nor, except that the Indemnified Parties are the stipulated beneficiaries offor Sections 8.2 and 10.2, and will be entitled to enforce their respective rights under, Section 7.17. Nothing is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party parties any right of subrogation or action over or against any Party party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Except as provided in Sections 8.1 and 10.1, nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other person other than the parties to this Agreement and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third person to any party to any Party this Agreement and this Agreement is not intended to this Agreement, nor will any provision give and does not create any third party any right of subrogation or action over or against any Party to this Agreementbeneficiary rights whatsoever.

Third Parties. Nothing Unless expressly stated in this Agreement to the contrary, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to this Agreement and their respective administrators, executors, other legal representatives, heirs, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on upon any persons other Person other than the parties hereto and their respective permitted successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party Persons to any Party party to this Agreement, nor will shall any provision give any third party parties any right of subrogation or action over or against any Party party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether ------------- express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective permitted transferees, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will shall any provision give any third party person any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Except as set forth in Article IX, nothing in ------------- this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights right or remedies under or by reason of this Agreement on any persons person other than the parties and their respective successors and permitted assignsto this Agreement, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party to any Party to this Agreementparty, nor will shall any provision give any third party any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other Person other than the parties hereto and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party parties any right of subrogation or action over or against any Party party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing Except as expressly required by applicable law, nothing in this Agreement, whether express or implied, is intended to Agreement shall confer any rights or remedies under or by reason of this Agreement on to any persons Person, other than the parties a Party, and their respective heirs, legal representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing ; nor shall anything in this Agreement will act to relieve or discharge the obligation or liability of any such third party person to any Party to this Agreement, Party; nor will shall any provision give any such third party person any right of subrogation or action over or against any Party to this Agreementa Party.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and the and their respective successors permitted transferees, successors, and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third persons to any party to any Party this Agreement or to this Agreementthe , nor will shall any provision give any third party person any right of subrogation or action over or against any Party party to this Agreement.Agreement or the . k.

Third Parties. Nothing Unless expressly stated herein to the contrary, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective administrators, executors, other legal representatives, heirs, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or of liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17assignees. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Except as disclosed in this Agreement, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17assignees. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.. SECURITIES PURCHASE AGREEMENT

Third Parties. Nothing Except as otherwise expressly provided for in this Agreement, nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons Persons other than the parties to this Agreement and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will shall any provision give any third party person any right of subrogation or action over or against any Party party to this Agreement. [Signatures appear on following page.]

Third Parties. Nothing Except as otherwise expressly provided for in this Agreement, nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to this Agreement and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will shall any provision give any third party person any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, This Agreement does not and is not intended to confer any rights or remedies under or by reason of this Agreement on upon any persons Person other than the parties Parties and their respective successors and permitted assigns, except that . No Person other than the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in rely on the provisions of this Agreement will act in any action, suit, proceeding, hearing or other forum. The Parties reserve their right to relieve vary or discharge rescind, at any time and in any way whatsoever, the obligation rights, if any, granted by or liability of any third party under this Agreement to any Party Person who is not a Party, without notice to this Agreement, nor will any provision give any third party any right or consent of subrogation or action over or against any Party to this Agreementthat Person.

Third Parties. Nothing Unless expressly stated herein to the contrary (including, without limitation, Sections 0 and 0, nothing in this Agreement, whether whereto express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective legal representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability Liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Except as otherwise explicitly provided herein, nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any other persons other than the parties Parties and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party to this AgreementParty, nor will shall any provision give any third party parties any right of subrogation or action over or against any Party of the Parties hereto. This Agreement is not intended to this Agreementand does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing Except as disclosed in this Agreement, nothing in ------------- this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17assignees. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Except as disclosed in this Agreement, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective administrators, executors, legal representatives, officers and directors of the Company, heirs, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17assignees. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will shall any provision give any third party person any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Unless expressly stated herein to the contrary, nothing ------------- in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective administrators, executors, other legal representatives, heirs, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in is this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party person any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, including Section 6.22.11(e), is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties Lender and their its respective permitted successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing ; nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision provisions give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Except for the rights of Sciens expressly provided in this Agreement, whether nothing in this Agreement, express or implied, is intended to confer upon any rights party, other than the parties hereto, and their successors and permitted assigns, any rights, remedies, obligations or remedies liabilities under or by reason of this Agreement on any persons other than the parties and their respective successors and permitted assignsAgreement, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act to relieve or discharge the obligation or liability of any third party to any Party to this Agreement, nor will any provision give any third party any right of subrogation or action over or against any Party to this Agreementas expressly provided herein.

Third Parties. Nothing Unless expressly stated herein to the contrary, nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under hereunder or by reason of this Agreement on any persons other than the parties hereto and their respective legal representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other person other than the parties hereto, their respective Affiliates, the Company and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party parties any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons person other than the parties Parties and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party to this AgreementParty, nor will shall any provision give any third party parties any right of subrogation or action over or against any Party Party. This Agreement is not intended to this Agreementand does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights, remedies, claims, or interests upon an individual or entity not a party hereto. Neither party shall have the right to assign or transfer its rights or remedies under or by reason of this Agreement on any persons other than the parties and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act to relieve or discharge the obligation or liability of any third party to any Party to under this Agreement, nor will any provision give any third party any right Agreement without the prior written consent of subrogation or action over or against any Party to this Agreementthe non- transferring party.

Third Parties. Nothing Unless expressly stated in this Agreement to the contrary, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to this Agreement and their respective legal representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other person other than the parties and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third person to either party to any Party to this Agreementhereto, nor will shall any provision give any third party any right of subrogation or action actions over or against any Party to this Agreementeither party hereto.

Third Parties. Nothing in this Agreement, whether express or implied, ------------- is intended to confer any rights right or remedies remedy under or by reason of this Agreement on any persons Person other than the parties Parties hereto and their respective heirs, representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled nor is anything set forth herein intended to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act to relieve affect or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express ------------- expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on upon any persons other person other than the parties hereto and their respective permitted successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party parties any right of subrogation or action over or against any Party party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and the Corporation and their respective successors permitted transferees, successors, and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third persons to any party to any Party this Agreement or to this Agreementthe Corporation, nor will shall any provision give any third party person any right of subrogation or action over or against any Party party to this AgreementAgreement or the Corporation.

Third Parties. Nothing in this Agreement, whether express or implied, ------------- is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons Persons other than the parties hereto (and, in accordance with Article VIII hereof, Seller Indemnified Parties and their Purchaser Indemnified Parties) and the parties’ respective successors legal representatives, successors, and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party Person to any Party party to this Agreement, nor will shall any provision give any third party Person any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer nor shall confer upon any rights Person other than the parties hereto (and with respect to the indemnification provisions herein, to the respective directors, officers or employees referred to in such indemnification provisions) any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement on any persons other than the parties and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act to relieve or discharge the obligation or liability of any third party to any Party to this Agreement, nor will any provision give any third party any right of subrogation or action over or against any Party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to this Agreement and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will shall any provision give any third party person any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Unless expressly stated herein to the contrary (including, without limitation, Sections 0 and 0), nothing in this Agreement, whether whereto express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective legal representatives, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability Liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or -------------- implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to or shall confer upon any rights Person other than the Parties hereto any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement on any persons other than the parties and their respective successors and permitted assignsAgreement; provided, except however, that the Indemnified Parties are Indemnitees, to the stipulated beneficiaries ofextent not a Party hereto, and will the B&K Buyer Parties or other assignees permitted under Section 6.3 shall, from and after any assignment of indemnification rights by ASD, be entitled third party beneficiaries to enforce their respective the rights under, Section 7.17. Nothing in this Agreement will act to relieve or discharge indemnification from the obligation or liability of any third party to any Party to this Agreement, nor will any provision give any third party any right of subrogation or action over or against any Party to Indemnitors under this Agreement.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other person other than the parties and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability Liability of any third person to either party to any Party to this Agreementhereto, nor will shall any provision give any third party any right of subrogation or action actions over or against either party hereto. This Agreement is not intended to and does not create any Party to this Agreementthird party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and the LLC and their respective successors permitted transferees, successors, and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this ..Agreement will act intended to relieve or discharge the obligation or liability of any third persons to any party to any Party this Agreement or to this Agreementthe LLC, nor will shall any provision give any third party person any right of subrogation or action over or against any Party party to this AgreementAgreement or the LLC.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement Agreement, any Ancillary Closing Document or any other instrument, agreement or document, on any persons Person other than the parties Parties to this Agreement and their respective legal representatives and permitted successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act to relieve or discharge the obligation or liability of any third party to any Party to this Agreement, nor will shall any provision give any third party any right of or subrogation or action over or against any Party to this Agreement.. 10.13

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and the and their respective successors permitted transferees, successors, and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third persons to any party to any Party this Agreement or to this Agreementthe , nor will shall any provision give any third party person any right of subrogation or action over or against any Party party to this AgreementAgreement or the .

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other person other than the parties hereto and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision hereof give any third party parties any right of subrogation or action over or against any Party party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons person other than the parties and their respective successors and permitted assignsto this Agreement, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party to any Party to this Agreementparty, nor will shall any provision give any third party person other than the parties any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Except for the provisions of Section 3.13 herein, nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and permitted assigns, nor, except that for the Indemnified Parties are the stipulated beneficiaries ofprovisions of Section 3.13 herein, and will be entitled to enforce their respective rights under, Section 7.17. Nothing is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Except as expressly set forth in this Agreement, whether express or implied, is intended to this Agreement shall not (1) confer any rights or remedies under or by reason of this Agreement on any persons person other than the parties Parties and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act to ; (2) relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will any provision give ; or (3) otherwise create any third party any right of subrogation or action over or against any Party to this Agreementbeneficiary rights.

Third Parties. Nothing Except as disclosed in this Agreement. nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective administrators, executors, legal representatives, heirs, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17assignees. Nothing in this Agreement will act is intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons person other than the parties hereto and their respective successors legal representatives, successors, and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will shall any provision give any third party person any right of to subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act to relieve or discharge the obligation or liability of any third party to any Party party to this Agreement, nor will any provision give any third party any right of subrogation or action over or against any Party party to this Agreement.. 77

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties Parties to it and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party to this Agreement, nor will shall any provision give any third party person any right of subrogation or action over or against any Party to this Agreement.

Third Parties. Nothing in this AgreementAgreement (except Sections 8.2 and 10.2.2), whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons person other than the parties hereto and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party parties any right of subrogation or action over or against any Party party to this Agreement. This Agreement is not intended to and does not create any third party beneficiary rights whatsoever.

Third Parties. Nothing Except as expressly provided in this Agreement, whether express or implied, nothing in this Agreement is intended to confer any rights or remedies under or by reason of this Agreement on upon any persons other person other than the parties hereto and their respective permitted successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party persons to any Party party to this Agreement, nor will shall any provision give any third party parties any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on or any persons other than the parties to it and their respective successors and permitted assigns, except that nor is anything in the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing in this Agreement will act intended to relieve or discharge the obligation or liability of any third party to any Party to party of this Agreement, nor will shall any provision give any third party persons any right of subrogation or action over or against any Party party to this Agreement.

Third Parties. Nothing Except as otherwise expressly provided for in this Agreement, nothing in this Agreement, whether express expressed or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties Parties to this Agreement and their respective successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability Liability of any third party person to any Party to this Agreement, nor will shall any provision give any third party person any right of subrogation or action over or against any Party to this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective permitted transferees, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will shall any provision give any third party person any right of subrogation or action over or against any Party party to this Agreement.. [rest of page intentionally left blank]

Third Parties. Nothing in this Agreement, whether express or implied, is intended to or shall confer upon any rights Person other than the Parties hereto any rights, benefits or remedies of any nature whatsoever under or by reason of this Agreement on any persons other than the parties and their respective successors and permitted assignsAgreement; provided, except however, that the Indemnified Parties are Indemnitees, to the stipulated beneficiaries ofextent not a Party hereto, and will the B&K Buyer Parties or other assignees permitted under Section 6.3 shall, from and after any assignment of indemnification rights by ASD, be entitled third party beneficiaries to enforce their respective the rights under, Section 7.17. Nothing in this Agreement will act to relieve or discharge the obligation or liability of any third party to any Party to this Agreement, nor will any provision give any third party any right of subrogation or action over or against any Party to indemnification from ASE under this Agreement.

Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective permitted transferees, successors and permitted assigns, except that the Indemnified Parties are the stipulated beneficiaries of, and will be entitled to enforce their respective rights under, Section 7.17. Nothing nor is anything in this Agreement will act intended to relieve or discharge the obligation or liability of any third party person to any Party party to this Agreement, nor will shall any provision hereof give any third party person any right of subrogation or action over or against any Party party to this Agreement.