Common use of Third Party Beneficiaries Clause in Contracts

Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and nothing in this Agreement is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto, and, except for Owners, which are intended third party beneficiaries, no Person other than the parties hereto and their respective successors and assigns, and nothing in this Agreement permitted assigns is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason be a beneficiary of this Agreement.

Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns, and nothing . Except as otherwise provided in this Agreement is intended to confer on Agreement, no other Person shall have any person other than the parties hereto right or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreementobligation hereunder.

Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto hereto, the Interested Parties and their respective successors and permitted assigns, and nothing . Except as otherwise expressly provided in this Agreement is intended to confer on Agreement, no other Person shall have any person other than the parties hereto right or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreementobligation hereunder.

Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto hereto, the Certificateholders, any Series Enhancer (to the extent provided in this Agreement and the related Supplement) and their respective successors and permitted assigns, and nothing . Except as otherwise expressly provided in this Agreement is intended to confer on Agreement, no other Person will have any person other than the parties hereto right or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreementobligation hereunder.

Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assignsExcept as stated otherwise, and nothing in this Agreement is for the sole benefit of the Parties hereto (and also the affiliates if specifically set out) and nothing herein, express or implied, is intended to or shall confer on upon any other person other than the parties hereto or their respective successors and assignsentity any legal right, benefit, or remedy of any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure to is for the sole benefit of and be binding upon the parties hereto and their respective permitted successors and or assigns, and nothing in this Agreement is intended herein expressed or implied shall give or be construed to confer on give to any person person, other than the parties hereto and such successors or their respective successors and assigns, any legal or equitable rights, remedies, obligations remedy or liabilities under or by reason of this Agreementclaim hereunder.

Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto and except for Landlord(s), which are intended third party beneficiaries, no Person other than the parties hereto and their respective successors and assigns, and nothing in this Agreement permitted assigns is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason be a beneficiary of this Agreement. [Signatures begin on the following page.]

Third Party Beneficiaries. This Notwithstanding anything contained in this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assignscontrary, and nothing in this Agreement Agreement, expressed or implied, is intended to or shall confer on any person Person other than the parties hereto or their respective permitted successors and assigns, assigns any rights, benefits, remedies, obligations or liabilities whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto hereto, the Certificateholders, the Certificate Owners and their respective successors and permitted assigns, and nothing . Except as otherwise provided in this Agreement is intended to confer on Agreement, no other person will have any person other than the parties hereto right or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreementobligation hereunder.

Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon constitutes an agreement solely among the parties hereto and their respective successors and assignshereto, and nothing and, except as expressly provided in this Agreement the last sentence of Section 7(d), is not intended to and shall not confer any rights, remedies, obligations or liabilities, legal or equitable, on any person other than the parties hereto and their successors or their respective successors and assigns, assigns or otherwise constitute any rights, remedies, obligations or liabilities person a third party beneficiary under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure to is for the sole benefit of and be binding upon the parties hereto and their respective successors and assigns, permitted assigns and nothing in this Agreement is intended herein express or implied shall give or be construed to confer on give to any person Person, other than the parties hereto or their respective and such successors and permitted assigns, any rights, remedies, obligations legal or liabilities under or by reason of this Agreementequitable rights hereunder.

Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns, and nothing . Nothing in this Agreement is intended Agreement, express or implied, shall give to confer on any person Person, other than the parties hereto or and their respective successors and assignshereunder, any rightsbenefit or any legal or equitable right, remedies, obligations remedy or liabilities claim under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns, and nothing in this Agreement is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. The rights and obligations under this Agreement may not be transferred without the consent of the other parties and any transfer in violation of this sentence shall be null and void.

Third Party Beneficiaries. This Agreement shall inure to is solely for the benefit of and be binding upon the parties hereto Parties and their respective Subsidiaries, Affiliates, successors and permitted assigns, and nothing in this Agreement is intended herein express or implied shall give or be construed to confer on give to any person other than the parties hereto Person any legal or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreementequitable rights hereunder.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties hereto each party and their respective successors and assigns, and nothing in this Agreement Agreement, express or implied, is intended to or shall confer on upon any person other than the parties hereto Person any right, benefit or their respective successors and assigns, remedy of any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall will be binding upon and inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns, and nothing . Nothing in this Agreement is intended Agreement, express or implied, will give to confer on any person Person (other than the parties hereto hereto, the Holders and their permitted successors and assigns hereunder) any benefit or any legal or equitable right, remedy or claim under this Agreement or under any covenant or provision herein contained, all such covenants and provisions being for the sole benefit of the parties hereto, the Holders and their respective permitted successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall be binding upon, inure solely to the benefit of and be binding upon the parties enforceable by each party hereto and their respective successors and assignsassigns hereto, and nothing in this Agreement Agreement, express or implied, is intended to or shall confer on upon any person other than the parties hereto thirty party any right, benefit or their respective successors and assigns, remedy of any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure to and the benefit of rights, obligations, duties and be binding upon benefits hereunder are intended for the parties hereto and their respective successors and assignshereto, and nothing in this Agreement is intended to confer on any no other person other than the parties hereto or their respective successors and assigns, entity shall have any rights, remediesobligations, obligations or liabilities under or by reason of this Agreementduties and benefits pursuant hereto.

Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto and except for Owner, which is an intended third party beneficiary, and as otherwise provided in Section 15.05, no Person other than the parties hereto and their respective successors and assigns, and nothing in this Agreement permitted assigns is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason be a beneficiary of this Agreement.

Third Party Beneficiaries. This Agreement shall inure solely to the benefit of and be binding upon the parties hereto Parties and their respective successors and assigns, and and, except as otherwise specifically provided in this Agreement, nothing contained in this Agreement is intended to confer on or shall create a contractual relationship with, or any person other than the parties hereto rights or their respective successors and assignscause of action in favor of, any rights, remedies, obligations third-party against either Owner or liabilities under or by reason of this AgreementProfessional.

Third Party Beneficiaries. This Agreement shall inure solely to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and and, except as otherwise specifically provided in this Agreement, nothing contained in this Agreement is intended to confer on or shall create a contractual relationship with, or any person other than the parties hereto rights or their respective successors and assignscause of action in favor of, any rights, remedies, obligations third party against either the Owner or liabilities under or by reason of this Agreementthe Design/Builder.

Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon constitutes an agreement solely among the parties hereto and their respective successors and assignshereto, and nothing and, except as expressly provided in this Agreement Section 7(e), is not intended to and shall not confer any rights, remedies, obligations or liabilities, legal or equitable, on any person other than the parties hereto and their successors or their respective successors and assigns, assigns or otherwise constitute any rights, remedies, obligations or liabilities person a third party beneficiary under or by reason of this Agreement.

Third Party Beneficiaries. This Except as provided in Article III relating to Indemnitees, this Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties hereto and their respective successors Subsidiaries, Affiliates and assigns, assigns and nothing in this Agreement herein, express or implied, is intended to or shall confer on upon any person other than the third parties hereto any legal or their respective successors and assignsequitable right, benefit or remedy of any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure to be for the sole benefit of the Parties and their respective successors and permitted assigns and is not intended, nor shall be binding upon construed, to give any Person, other than the parties hereto Parties and their respective successors and assigns, and nothing in this Agreement is intended to confer on any person other than the parties hereto legal or their respective successors and assignsequitable right, benefit or remedy of any rights, remedies, obligations or liabilities under or nature whatsoever by reason of this Agreement. Nothing in this Agreement, expressed or implied, is intended to or shall constitute the Parties, partners or participants in a joint venture.

Third Party Beneficiaries. This Agreement shall inure benefits solely the Parties to the benefit of and be binding upon the parties hereto this Agreement and their respective permitted successors and assigns, permitted assigns and nothing in this Agreement is intended to confer Agreement, express or implied, confers on any other person other than the parties hereto any legal or their respective successors and assignsequitable right, benefit or remedy of any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure to is made solely and specifically among and for the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns, and nothing in no other Person will have any right, interest or claim hereunder or be entitled to any benefit under or on account of this Agreement is intended to confer on any person other than the parties hereto as a third-party beneficiary or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreementotherwise.

Third Party Beneficiaries. This Except as expressly provided, no provision of this Agreement shall inure to is intended to, and no provision of this Agreement shall, confer upon any party other than the benefit of and be binding upon the parties hereto Parties (and their respective successors and assigns, and nothing in if any) any rights or remedies under this Agreement. This Agreement is made, in part, in order to enable the shareholders of the Company to induce Parent and Merger Sub to consummate the transactions contemplated by the Merger Agreement and Parent and Merger Sub shall be intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason third party beneficiaries of this Agreement.

Third Party Beneficiaries. This Agreement is not intended, and shall inure not be deemed, to the benefit of and be binding confer upon or give any person except the parties hereto and their respective successors and assigns, and nothing in this Agreement is intended to confer on any person other than the parties hereto or their respective successors and permitted assigns, any rightsremedy, remediesclaim, obligations liability, reimbursement, cause of action or liabilities other right under or by reason of this Agreement.

Third Party Beneficiaries. This Unless expressly stated herein, this Settlement Agreement shall inure to be solely for the benefit of the Parties and no other person or entity shall be binding upon the parties hereto and their respective successors and assigns, and nothing in this Agreement is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreementa third party beneficiary hereof.

Third Party Beneficiaries. This Agreement shall inure to is for the sole benefit of and be binding upon the parties hereto hereto, Xxxxxx, and their respective successors and permitted assigns, and nothing in this Agreement is intended herein, express or implied, shall give or be construed to confer on give to any person other than the parties hereto Person any legal or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreementequitable rights hereunder.

Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto and except for Landlord and HPT, which are intended third party beneficiaries, no Person other than the parties hereto and their respective successors and assigns, and nothing in this Agreement permitted assigns is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason be a beneficiary of this Agreement.

Third Party Beneficiaries. This Agreement shall be binding ------------------------- upon and inure solely to the benefit of and be binding upon the parties hereto and their respective successors and assignshereto, and nothing in this Agreement Agreement, express or implied, is intended to confer on upon any person other than the parties hereto rights or their respective successors and assigns, remedies of any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure to has been made solely for the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns, and nothing in this Agreement is intended to to, or shall, confer on upon any other person other than the parties hereto any benefits, rights or their respective successors and assigns, any rights, remedies, obligations or liabilities remedies under or by reason of this Agreement.

Third Party Beneficiaries. This The terms and provisions of this Agreement shall inure to be for the sole benefit of and be binding upon the parties hereto hereto, the Purchasers and the Secured Parties and their respective successors and assignsassigns and no other Person shall have any right, and nothing in this Agreement is intended to confer on any person other than the parties hereto benefit or their respective successors and assigns, any rights, remedies, obligations or liabilities under or priority by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure solely to the benefit of and be binding upon the parties hereto Parties and their respective successors and assigns, and and, except as otherwise specifically provided in this Agreement, nothing contained in this Agreement is intended to confer on or shall create a contractual relationship with, or any person other than the parties hereto rights or their respective successors and assignscause of action in favor of, any rights, remedies, obligations third-party against either Owner or liabilities under or by reason of this AgreementConstruction Manager.

Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto hereto, the Beneficiaries and their respective successors and permitted assigns, and nothing . Except as otherwise provided in this Agreement is intended to confer on Article XI, no other person will have any person other than the parties hereto right or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreementobligation hereunder.

Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and nothing in this Agreement is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement except as explicitly stated in this Agreement.

Third Party Beneficiaries. This Agreement shall inure to and every provision herein is made exclusively for the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. Nothing in this Agreement 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; provided, and however, nothing in this Agreement is intended to confer on any person other than relieve or discharge the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason liability of any third person to any party to this Agreement.

Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto Parties and their respective successors and permitted assigns, and nothing in this Agreement is intended to confer on any person other than the parties hereto Parties or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement. The rights and obligations under this Agreement may not be transferred without the consent of the other Parties and any transfer in violation of this sentence shall be null and void.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of of, and be binding upon enforceable by, only the parties hereto Parties and their respective successors and assigns, permitted assigns and nothing in this Agreement herein, express or implied, is intended to to, or shall confer on any person other than the parties hereto or their respective successors and assignsupon, any rightsother Person any right, remediesbenefit or remedy of any nature whatsoever, obligations or liabilities including any rights of employment for any specified period, under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns, and nothing . Except as otherwise expressly provided in this Agreement is intended to confer on Agreement, no other Person will have any person other than the parties hereto right or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreementobligation hereunder.

Third Party Beneficiaries. This Except as otherwise expressly provided herein to the contrary, this Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties hereto Parties hereto, and their respective permitted successors and assigns, and nothing in this Agreement herein is intended to or shall confer on upon any person other than the parties hereto Person any legal or their respective successors and assignsequitable right, benefit or remedy of any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure to is for the sole benefit of and be binding upon the parties hereto and their respective permitted successors and assigns, and nothing in this Agreement is intended herein express or implied shall give or be construed to confer on give to any person Person, other than the parties hereto or their respective and such permitted successors and assigns, any rights, remedies, obligations legal or liabilities under or by reason of this Agreementequitable rights hereunder.

Third Party Beneficiaries. This Except as specifically provided herein, this Agreement shall be binding upon and inure solely to the benefit of of, and be binding upon enforceable by, only the parties hereto Parties and their respective successors and assigns, permitted assigns and nothing in this Agreement herein, express or implied, is intended to to, or shall confer on any person other than the parties hereto or their respective successors and assignsupon, any rightsother Person any right, remediesbenefit or remedy of any nature whatsoever, obligations or liabilities including any rights of employment for any specified period, under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties hereto and their respective successors and assignseach Party hereto, and nothing in this Agreement Agreement, express or implied, is intended to or shall confer on upon any person other than the parties hereto or their respective successors and assigns, Person any rights, remedies, obligations benefits or liabilities remedies of any nature whatsoever under or by reason of this Agreement, other than with respect to the provisions of Section 2 hereof, with respect to which each Releasee is an expressly intended third-party beneficiary thereof; provided however that only a Party hereto can enforce this Agreement on behalf of any Releasee relating to such Party.

Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and nothing Nothing in this Agreement is intended or shall be construed to confer on upon or to give to any person person, firm or corporation other than the parties hereto or hereto, their respective successors and assignsassigns any right, any rightsremedy, remedies, obligations or liabilities claim under or by reason of this Agreement. All terms and conditions in this Agreement shall be for the sole and exclusive benefit of the parties hereto, their successors and assigns.

Third Party Beneficiaries. This Agreement shall will be binding on, inure to the benefit of and be binding upon enforceable by the parties hereto and their respective heirs, personal representatives, successors and assigns, and nothing in this . This Agreement is intended to does not confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under to any entity or by reason person other than you and the Company and your and the Company’s permitted successors and assigns, although this Agreement will inure to the benefit of this Agreementthe Group.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties hereto and their respective successors and assignseach party hereto, and nothing in this Agreement Agreement, express or implied, is intended to or shall confer on upon any other person other than the parties hereto any right, benefit or their respective successors and assigns, remedy of any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this AgreementAgreement except for (a) the Indemnified Parties under Section 7.7, and (b) the rights of the holders of Capital Stock to receive the Merger Consideration payable in the Merger pursuant to Article II or to receive the Exchange Consideration payable in the Exchange Offer pursuant to Section 7.15.

Third Party Beneficiaries. This Agreement shall will inure solely to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and and, except as otherwise specifically provided in this Agreement, nothing contained in this Agreement is intended to confer on or will create a contractual relationship with, or any person other than the parties hereto rights or their respective successors and assignscause of action in favor of, any rights, remedies, obligations third party against either the County or liabilities under or by reason of this Agreementthe Construction Manager.

Third Party Beneficiaries. This Agreement shall inure to is for the sole benefit of and be binding upon the parties hereto and their respective successors and assigns, permitted assigns and nothing expressed or referred to in this Agreement is intended will be construed to confer on give any person Person, other than the parties hereto or their respective successors to this Agreement and such permitted assigns, the Indemnified Parties, and the Investor Director serving on the Board from time to time, any rightslegal or equitable right, remedies, obligations remedy or liabilities claim under or by reason with respect to this Agreement or any provision of this Agreement, whether as third party beneficiary or otherwise.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties Parties hereto and their respective successors and assigns, permitted assigns and nothing in this Agreement herein, express or implied, is intended to or shall confer on upon any person other than the parties hereto Person, including any union or their respective successors and assignsany employee or former employee of any Party, any rightslegal or equitable right, remediesbenefit or remedy of any nature whatsoever, obligations or liabilities including any rights of employment for any specified period, under or by reason of this Agreement.

Third Party Beneficiaries. This The provisions of this Agreement shall inure to are solely for the benefit of and be binding upon the parties Parties hereto and their respective group members and their permitted successors and assigns, and nothing in this Agreement is are not intended to confer on upon any person other than Person except the parties hereto or Parties and their respective Group members and their permitted successors and assigns, any rightsrights or remedies hereunder and there are no third-party beneficiaries of this Agreement and this Agreement shall not provide any other third party with any remedy, remediesclaim, obligations reimbursement, claim of action or liabilities under or by reason other right in excess of those existing without reference to this Agreement.

Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto and except for Landlord and SVC, which are intended third party beneficiaries, no Person other than the parties hereto and their respective successors and assigns, and nothing in this Agreement permitted assigns is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason be a beneficiary of this Agreement.

Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto and except for Landlord(s), which are intended third party beneficiaries, no Person other than the parties hereto and their respective successors and assigns, and nothing in this Agreement permitted assigns is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason be a beneficiary of this Agreement.

Third Party Beneficiaries. This Agreement shall inure and all documents and instruments referred to the benefit of and be binding herein are not intended to confer upon any person (other than the parties hereto and their respective heirs, executors, administrators, personal representatives, successors and assigns, and nothing in this Agreement is intended ) any legal or equitable right or remedy of any nature whatsoever pursuant to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties Parties hereto and their respective successors and assigns, permitted assigns and nothing in this Agreement herein, express or implied, is intended to or shall confer on upon any person other than the parties hereto Person, including any union or their respective successors and assignsany employee or former employee of Discovery, any rightslegal or equitable right, remediesbenefit or remedy of any nature whatsoever, obligations or liabilities including any rights of employment for any specified period, under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of each party hereto, and be binding nothing in this Agreement, express or implied, is intended to or shall confer upon any Person other than the parties hereto and their respective successors and assignspermitted assigns any legal or equitable right, and nothing in this Agreement is intended to confer on benefit or remedy of any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement and the rights and obligations created under it shall be binding upon and inure solely to the benefit of and be binding upon the parties Parties hereto and their respective successors and permitted assigns, and nothing in this Agreement Agreement, express or implied, is intended or should be construed to confer on upon any other person other than the parties hereto any right, remedy or their respective successors and assigns, any rights, remedies, obligations or liabilities claim under or by reason virtue of this Agreement.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties hereto and their respective successors and assignseach party hereto, and nothing in this Agreement Agreement, express or implied, is intended to or shall confer on upon any person other than the parties hereto Person any right, benefit or their respective successors and assigns, remedy of any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this AgreementAgreement except for (a) the Indemnified Parties under Section 7.5 and (b) the rights of the Company Stockholders and the Optionholders to receive the consideration payable in the Merger pursuant to Article II.

Third Party Beneficiaries. This Agreement shall inure is not intended to nor will it confer upon any other person (other than the parties hereto) any rights or remedies; and this Agreement is binding upon and is solely for the benefit of and be binding upon the parties hereto and their respective successors successors, legal representatives and assigns, and nothing in this Agreement is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure to is made solely and specifically between and for the benefit of and be binding upon the parties hereto hereto, and their respective successors and assigns, and nothing in this Agreement is intended assigns subject to confer on any person other than the parties hereto or their respective express provisions hereof relating to successors and assigns, and no other person or party shall have any rights, remediesinterest, obligations or liabilities claims hereunder or be entitled to any benefits under or by reason on account of this AgreementAgreement as a third party beneficiary or otherwise.

Third Party Beneficiaries. This Agreement shall inure to is solely for the benefit of and be binding upon the parties hereto and their respective successors and assigns, and nothing in this Agreement Agreement, express or implied, is intended to confer on any person other than the parties hereto or their respective successors and assigns, assigns any rights, remedies, obligations or liabilities under or by reason because of this Agreement.

Third Party Beneficiaries. This Agreement and all of the provisions hereof and of its Subagreement shall be binding upon and inure solely to the benefit of and be binding upon each party hereto (including the parties hereto and their respective successors and assignsPIBCs of each Subagreement), and nothing any successors in interest. Nothing in this Agreement and the Subagreements, express or implied, is intended to or shall confer on upon any other person (i.e., other than the parties hereto or their respective successors and assigns, the PIBCs) any rights, remedies, obligations benefits or liabilities remedies of any nature whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall be binding upon, inure to the benefit of and be binding upon enforceable by the parties hereto and their respective heirs, permitted successors and permitted assigns, and nothing . Nothing in this Agreement Agreement, express or implied, is intended to confer on any person right upon any other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this AgreementPerson.

Third Party Beneficiaries. This Agreement shall be binding upon, and shall inure to the benefit of and be binding upon of, the parties hereto and and, except as otherwise prohibited, their respective heirs, devisees, executors, administrators, successors and assigns; and except as provided in Section 9, and nothing contained in this Agreement Agreement, express or implied, is intended to confer on upon any person other than the parties hereto individual or their respective successors and assignsentity any benefits, any rights, rights or remedies, obligations or liabilities under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure to is intended solely for the benefit of and be binding upon the parties hereto and their respective successors and assigns, and nothing Parties hereto. Nothing in this Agreement is intended shall be construed to confer on create any duty, or standard of care with reference to, or liability to, any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of not a party to this Agreement.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties each party hereto and their respective successors and assigns, and nothing in this Agreement Agreement, express or implied, other than with respect to the Indemnified Parties solely pursuant to Section 6.8, is intended to or shall confer on upon any person other than the parties hereto Person any right, benefit or their respective successors and assigns, remedy of any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure to is for the sole benefit of and be binding upon the parties hereto Parties and their respective permitted successors and assigns, and nothing in this Agreement is intended expressed or implied shall give or be construed to confer on give to any person person, other than the parties hereto or Parties and their respective permitted successors and assigns, any rightslegal or equitable rights hereunder, remedieswhether as third-party beneficiaries or otherwise, obligations or liabilities under or by reason of this Agreementexcept for the Service Providers.

Third Party Beneficiaries. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and nothing in this Agreement is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this AgreementAgreement other than Section 2.1(c) hereof, which is intended to be for the benefit of the Investor Nominees, and may be enforced by such Investor Nominees.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties each party hereto and their respective successors and assigns, and nothing in this Agreement Agreement, express or implied, other than pursuant to Section 6.10, is intended to or shall confer on upon any other person other than the parties hereto any right, benefit or their respective successors and assigns, remedy of any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties hereto and their respective successors and assigns, permitted assigns and nothing in this Agreement herein, express or implied, other than the provisions of Article VII relating to Indemnified Parties, is intended to or shall confer on upon any person other than the parties hereto Person any legal or their respective successors and assignsequitable right, benefit or remedy of any rightsnature whatsoever, remediesincluding any rights of employment for any specified period, obligations or liabilities under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement The parties intend that there shall inure be no third party beneficiaries of or to the benefit of and be binding upon the parties hereto and their respective successors and assignsthis Agreement, and nothing in this Agreement is intended Agreement, express or implied, shall give to confer on any person or entity, other than the parties hereto or their respective successors and assignsany successor, any rightsbenefit or any legal or equitable right, remediesremedy, obligations or liabilities claim under or by reason of this Agreement.

Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto and no Person other than the parties hereto and their respective successors and assigns, and nothing in this Agreement permitted assigns is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason be a beneficiary of this Agreement. [Signatures begin on the following page.]

Third Party Beneficiaries. This Agreement shall inure exclusively to the benefit of and be binding upon the parties hereto Parties and their respective successors and successors, permitted assigns, executors and nothing legal representatives. Nothing in this Agreement Agreement, express or implied, is intended to confer on any person Person (other than the parties hereto Parties or their respective successors and permitted assigns, ) any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Third Party Beneficiaries. This The provisions of this Agreement shall be binding upon and shall inure to the benefit of and be binding upon the parties hereto Parties and their respective successors and permitted assigns, and nothing . Nothing expressed or referred to in this Agreement is intended shall be construed to confer on give any person Person other than the parties hereto Parties to this Agreement any legal or their respective successors and assignsequitable right, any rights, remedies, obligations remedy or liabilities claim under or by reason with respect to this Agreement or any provision of this Agreement.

Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and the Certificateholders and their respective successors and permitted assigns. Except as otherwise expressly provided in this Agreement, and nothing contained in this Agreement shall confer any rights upon any Person which is intended to confer on any person other than the parties hereto not a party to, or their respective successors and assignsa permitted assignee of a party to, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Third Party Beneficiaries. This Nothing in this Agreement shall inure to the benefit of and be binding upon entitle any person, other than the parties hereto to this Agreement and their respective successors and assignspermitted assignees, and nothing in this Agreement is intended to confer on any person other than the parties hereto claim, cause of action, remedy or their respective successors and assigns, right of any rights, remedies, obligations or liabilities kind under or by reason of this Agreement.

Third Party Beneficiaries. This Except as provided in Section 5.04 and Article VII, this Agreement shall inure to is for the sole benefit of and be binding upon the parties hereto and their respective successors and assigns, permitted assigns and nothing in this Agreement herein, express or implied, is intended to or shall confer on upon any person other than the parties hereto Person or their respective successors and assignsentity any legal or equitable right, benefit or remedy of any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall will inure to the benefit of and be binding upon the parties hereto and the Certificateholders and their respective successors and permitted assigns. Except as otherwise expressly provided in this Agreement, and nothing contained in this Agreement shall confer any rights upon any Person that is intended to confer on any person other than the parties hereto not a party to, or their respective successors and assignsa permitted assignee of a party to, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure solely to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and and, except as otherwise specifically provided in this Agreement, nothing contained in this Agreement is intended to confer on or shall create a contractual relationship with, or any person other than the parties hereto rights or their respective successors and assignscause of action in favor of, any rights, remedies, obligations third party against either the Owner or liabilities under or by reason of this Agreementthe Construction Manager.

Third Party Beneficiaries. This Agreement shall inure to is intended for the benefit of and be binding upon the parties hereto and their respective permitted successors and assigns, and nothing is not for the benefit of, nor may any provision hereof be enforced by, any other person. Further Assurances. Each party shall do and perform, or cause to be done and performed, ail such further acts and things, and shall execute and deliver all such other agreements, certificates, instruments and documents, as the other party may reasonably request in order to carry out the intent and accomplish the purposes of this Agreement is intended to confer on any person other than and the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason consummation of this Agreementthe transactions contemplated hereby.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties each party hereto and their respective successors and assigns, and nothing in this Agreement Agreement, express or implied, other than pursuant to Article II and Section 6.9, is intended to or shall confer on upon any other person other than the parties hereto any right, benefit or their respective successors and assigns, remedy of any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This The terms and conditions of this Agreement shall inure to the benefit of of, and be binding upon upon, the respective successors, heirs, legal representatives or permitted assigns of each of the parties hereto and except for each Landlord and SVC, which are intended third party beneficiaries, no Person other than the parties hereto and their respective successors and assigns, and nothing in this Agreement permitted assigns is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason be a beneficiary of this Agreement.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of each Party hereto, and be binding nothing in this Agreement, express or implied, is intended to or shall confer upon any Person other than the parties hereto Parties and their respective successors and assignspermitted assigns any legal or equitable right, and nothing in this Agreement is intended to confer on benefit or remedy of any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this Agreement, except with respect to the provisions of Section 3.7, which shall inure to the benefit of Sharyland, who is intended to be a third-party beneficiary thereof.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties each party hereto and their respective successors and assigns, and nothing in this Agreement Agreement, express or implied, other than pursuant to Section 7.9, is intended to or shall confer on upon any other person other than the parties hereto any right, benefit or their respective successors and assigns, remedy of any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure to is for the sole benefit of and be binding upon the parties hereto and their respective permitted successors and assigns, assigns and nothing in this Agreement is intended herein express or implied shall give or be construed to confer on give to any person Person, other than the parties hereto or their respective and such successors and assigns, any rights, remedies, obligations legal or liabilities under equitable rights or by reason of this Agreementremedies hereunder.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties hereto and Members, their respective successors and permitted assigns, and nothing in this Agreement herein, express or implied, is intended to or shall confer on upon any person other than the parties hereto Persons any legal or their respective successors and assignsequitable right, benefit, or remedy of any rightsnature whatsoever, remedies, obligations or liabilities under or by reason of this Agreementexcept as expressly set forth herein.

Third Party Beneficiaries. This The provisions of this Agreement shall inure to are solely for the benefit of and be binding upon the parties hereto and their respective Affiliates, successors and assignspermitted assigns and shall not confer upon any third Person any remedy, and nothing claim, liability, reimbursement or other right in excess of those existing without reference to this Agreement. Nothing in this Agreement is intended shall obligate Seller or its Affiliates to confer on assist any person Employee to enforce any rights such Employee may have with respect to any of the Benefit Plans or other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of employment-related benefits referred to in this Agreement.

Third Party Beneficiaries. This Agreement shall inure to has been made solely for the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns, and nothing in this Agreement is intended to to, or will, confer on upon any other person other than the parties hereto any benefits, rights or their respective successors and assigns, any rights, remedies, obligations or liabilities remedies under or by reason of this Agreement.

Third Party Beneficiaries. This Subject to compliance with the terms of this Agreement, this Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective permitted successors and assigns, and nothing in this assigns of each of the parties hereto. This Agreement is intended to confer on not for the benefit of, nor may any person provision hereof be enforced by, any Person, other than the parties hereto or hereto, their respective permitted successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

Third Party Beneficiaries. This Agreement shall inure to is made solely and specifically between and for the benefit of and be binding upon the parties Parties hereto and their respective successors and assigns, and nothing . Nothing in this Agreement is intended or shall be construed to confer on upon or give any person Person other than the parties hereto or their respective successors and assignshereto, any rights, remedies, obligations rights or liabilities remedies under or by reason of this Agreement, or result in their being deemed a third-party beneficiary of this Agreement.

Third Party Beneficiaries. This Subject to this Section, this Agreement shall be binding upon, and inure to the benefit of and be binding upon of, the parties hereto and their respective successors and assigns. Except as specifically set forth in this Agreement, the parties do not intend the benefits of this Agreement to inure to any third party, and nothing contained herein shall be construed as creating any right, claim or cause of action in this Agreement is intended to confer on favor of any person other than such third party, against either of the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreementhereto.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and nothing in this Agreement is intended Agreement, whether express or implied, shall be construed to confer on give to any person or entity other than the parties hereto Bank, the Customer or their respective successors and assignsthe Secured Party any legal or equitable right, any rightsremedy, remedies, obligations interest or liabilities claim under or by reason in respect of this AgreementAgreement or any funds deposited hereunder.

Third Party Beneficiaries. This Agreement shall inure to is for the benefit of and be binding upon the parties hereto and their respective successors and assigns, permitted assigns and nothing in this Agreement is intended herein expressed or implied shall give or be construed to confer on give any person or entity, other than the parties hereto or their respective and such successors and assigns, any rightslegal or equitable rights hereunder, remedies, obligations or liabilities under or by reason of except that the parties hereto agree that each Participant is a third party beneficiary to this Agreement, entitled to all the rights accruing thereto.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties hereto and hereto, their respective successors and permitted assigns, and nothing in this Agreement herein, express or implied, is intended to or shall confer on upon any person other than the parties hereto persons any legal or their respective successors and assignsequitable right, benefit, or remedy of any rightsnature whatsoever, remedies, obligations or liabilities under or by reason of this Agreementexcept as expressly set forth herein.

Third Party Beneficiaries. This Acquiror shall be a third party beneficiary of this Agreement. Nothing contained in this Agreement shall inure is intended to the benefit of and be binding confer upon any Person or entity other than the parties hereto and their respective successors and assigns, and nothing in this Agreement is intended to confer on any person permitted assigns (other than the parties hereto or their respective successors and assignsAcquiror), any rightsbenefit, remedies, obligations right or liabilities remedies under or by reason of this Agreement, except that the provisions of Sections 6.1 and 8.13 hereof shall inure to the benefit of the persons referred to therein.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of each Party hereto, and be binding nothing in this Agreement, express or implied, is intended to or shall confer upon any Person other than the parties hereto and their respective successors and assignspermitted assigns any legal or equitable right, and nothing in this Agreement is intended to confer on benefit or remedy of any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities nature whatsoever under or by reason of this AgreementAgreement except with respect to the Indemnified Parties set forth in ARTICLE VI.

Third Party Beneficiaries. This Agreement shall be binding upon and inure solely to the benefit of and be binding upon the parties hereto and their respective successors and assignseach Party hereto, and nothing in this Agreement Agreement, express or implied, is intended to or shall confer on upon any person other than the parties hereto or their respective successors and assigns, Person any rights, remedies, obligations benefits or liabilities remedies of any nature whatsoever under or by reason of this Agreement, other than with respect to the provisions of Section 3 hereof, with respect to which each Releasee is an expressly intended third-party beneficiary thereof; provided however that only a Party hereto can enforce this Agreement on behalf of any Releasee relating to such Party.

Third Party Beneficiaries. This The provisions of this Agreement shall be binding upon and shall inure to the benefit of the Parties and be binding upon the parties hereto and their respective its successors and assigns, and nothing . Nothing expressed or referred to in this Agreement is intended shall be construed to confer on give any person Person other than the parties hereto Parties to this Agreement any legal or their respective successors and assignsequitable right, any rights, remedies, obligations remedy or liabilities claim under or by reason with respect to this Agreement or any provision of this Agreement.