Common use of Third Party Beneficiary Rights Clause in Contracts

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 6.5 is intended to benefit the Company Indemnified Parties, Parties and Article 12 11 is intended to benefit the Acquiror Parent Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantshareholder, contractor, Affiliate, stockholder partner or partner of any party hereto or any other Person person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 11 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are ------------------------------ intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantstockholder, contractor, Affiliate, stockholder partner or partner of any party hereto or any other Person person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No Except as provided in Section 5, no provisions of this Agreement agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releaseeshereto.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 6.5 is intended to benefit the Company Indemnified PartiesPersons, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releaseeswho shall be third party beneficiaries for purposes of such Section.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder or partner of any party hereto Party or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties Parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except provided, however, that Section 7.4 3.3 is intended to benefit the Company Indemnified Released Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantshareholder, contractor, Affiliate, stockholder partner or partner of any party hereto or any other Person person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 is the provisions of Article 11 are intended to benefit create third party beneficiary rights for the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesAtom Shareholders.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; , except that Section 7.4 Article 8 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesBuyer Indemnities.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except provided that Section 7.4 6.4 is intended to benefit the Company Indemnified Parties, Parties and Article 12 9 is intended to benefit the Acquiror Parent Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesSecurityholder Indemnified Persons.

Third Party Beneficiary Rights. No Except as expressly provided in Section 7.10 or as otherwise provided herein, no provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder shareholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 11 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder member, unitholder, equityholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 Article 11 is intended to benefit the Company Buyer Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultant, contractor, Affiliate, stockholder Stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 Article 11 is intended to benefit the Company Parent Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorshareholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; , except that Section 7.4 Article IX is intended to benefit the Company Parent Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 Article 7 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No Except as contemplated by Section 6.5(c), no provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No None of the provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except provided, however, that (a) Article 9 is intended to benefit the Indemnified Parties and (b) Section 7.4 6.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorshareholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 6.5 is intended to benefit the Company Indemnified Parties, Persons and Article 12 11 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultant, contractor, Affiliate, stockholder Shareholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that that, Section 7.4 7.5 is intended to benefit certain employees of the Company, Section 11.11 is intended to benefit certain directors and officers of the Company, and Articles 2 and 3 are intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons Shareholders and Section 6.11 is intended to benefit the Releaseesholders of Company Options.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Article 3 is intended to benefit the Effective Time Holders, Section 7.4 8.4 is intended to benefit the employees specified therein, Section 8.5 is intended to benefit the Company Indemnified Parties, Persons and Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; , except that Section 7.4 Article X is intended to benefit the Company Parent Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are ------------------------------ intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantshareholder, contractor, Affiliate, stockholder partner or partner of any party hereto or any other Person person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 is the provisions of Article 12 are intended to benefit create third party beneficiary rights for the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesShareholders.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 Article 11 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releaseesset forth herein.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 6.4 is intended to benefit the Company Indemnified Parties, Parties and Article 12 9 is intended to benefit the Acquiror Parent Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any clientEncumbrance, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, and all provisions hereof shall be personal solely between the parties to this Agreement; , except that Section 7.4 is intended to for the provisions of Article X (which, from and after the Closing, shall be for the benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releaseesof each Indemnitee).

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 Article 10 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Buyer Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesSeller Indemnified Persons, respectively.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between among the parties to this Agreement; except that . Each Holder shall be an intended third party beneficiary solely with regard to the provisions of Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees2.11(c).

Third Party Beneficiary Rights. No None of the provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that (a) the provisions of Section 7.4 2.4 and Section 6.2(c) are intended to benefit the Effective Time Holders, (b) Section 8.4 is intended to benefit the employees specified therein, (c) Section 8.5 is intended to benefit the Company Indemnified Parties, and (d) Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third third-party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliatepartner, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties Parties to this Agreement; except that Section 7.4 is intended to benefit . Notwithstanding the Company Indemnified Partiesforegoing, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.Section‌

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 6.4 is intended to benefit the Company Indemnified Parties, Parties and Article 12 10 is intended to benefit the Acquiror Parent Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorshareholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that (a) Article 2 is intended to benefit Company Securityholders; (b) Section 7.4 6.4 is intended to benefit Continuing Employees; and (c) Section 6.5 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are ------------------------------ intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantstockholder, contractor, Affiliate, stockholder partner or partner of any party hereto or any other Person person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 is the provisions of Article 12 are intended to benefit create third party beneficiary rights for the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesKendara Stockholders.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third third-party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliatepartner, stockholder or partner of any party hereto or any other Person person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releaseesherein.

Third Party Beneficiary Rights. No Except as is set forth in Section 5.10, none of the provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are ------------------------------ intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultant, contractor, Affiliate, shareholder or stockholder or partner of any party hereto or any other Person person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that (i) Section 7.4 6.8 is intended to benefit the Company officers and directors of Company, (ii) Article 11 is intended to benefit the Indemnified Parties, and (iii) Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesCompany Shareholders.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 for so long as the Merger Agreement remains in full force and effect, this Agreement is intended to benefit Parent and Parent shall have the right to enforce as a third party beneficiary the rights of the Company Indemnified Parties, Article 12 is intended to benefit and obligations of the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPurchasers under this Agreement.

Third Party Beneficiary Rights. No provisions of this Agreement ------------------------------ are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantmember, contractorshareholder, Affiliate, stockholder partner or partner of any party hereto or any other Person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Parties and Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesSeller Indemnified Persons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorshareholder, Affiliate, stockholder partner or partner of any party Party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties Parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantshareholder or stockholder, contractor, Affiliate, stockholder partner or partner of any party hereto or any other Person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that (i) Section 7.4 6.7 is intended to benefit the officers and directors of Company Indemnified Parties, Article 12 and (ii) Section 11 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesParties.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; , except that Section 7.4 Article IX is intended to benefit the Company Parent Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between among the parties to this Agreement; except that . Each Holder shall be an intended third party beneficiary solely with regard to the provisions of Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees2.10(c).

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorshareholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; , except that Section 7.4 Article IX is intended to benefit the Company Magma Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No Except for Section 6.17, no provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultantstockholder, contractor, Affiliate, stockholder partner or partner of any party hereto or any other Person person or entity unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that (i) Section 7.4 6.7 is intended to benefit the Company officers and directors of Company, (ii) Section 11 is intended to benefit the Indemnified Parties, and (iii) Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesCompany Stockholders.

Third Party Beneficiary Rights. No provisions of this Agreement or any Ancillary Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultant, contractor, Affiliate, shareholder or stockholder or partner of any party hereto or thereto or any other Person unless specifically provided otherwise herein or therein and, except as so provided, all provisions hereof shall and thereto will be personal solely between the parties to this AgreementAgreement or the Ancillary Agreements; except that Section 7.4 is the provisions of Article 10 are intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorshareholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; , except that Section 7.4 Article XI is intended to benefit the Buyer Indemnified Persons the Company Indemnified Parties, Article 12 Persons and Section 8.1 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releaseespersons described therein.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party Person other than a Party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between among the parties Parties to this Agreement; , except that Section 7.4 8 is intended to benefit the Company NYDIG Indemnified Parties and Seller Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees. 9.10.

Third Party Beneficiary Rights. No Except as provided for in Section 2.2(c)(ii) and Section 6.4 and with respect to the rights of Company Securityholders to receive the consideration described in this Agreement, no provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder stockholder, partner or partner of any party Party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties Parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 5.2 is intended to benefit the Company Indemnified Parties, Parties and Article 12 9 is intended to benefit the Acquiror Acquirer Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.. 13.14

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in in, or deemed to have been executed for the benefit of, any client, customer, employee, consultant, contractor, Affiliate, stockholder or partner of any party hereto Party or any other Person unless specifically provided otherwise herein andthat is not a Party hereto or a successor or permitted assign of such Party, except as so provided, and all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorshareholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 6.5 is intended to benefit the Company Indemnified Parties, Article Persons and ARTICLE 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultant, contractor, Affiliate, stockholder member, stockholder, manager or partner of any party Party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties Parties to this Agreement; , except that Section 7.4 7 is intended to benefit the Company Purchaser Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder partner or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 6.5 is intended to benefit the Company Indemnified Parties, Article Parties and ARTICLE 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesPersons.

Third Party Beneficiary Rights. No Other than the provisions of Section 6.8, which are intended to benefit the Company's directors and officers, and the provisions of Section 2.2.7 and Article 11, which provide the Representative with certain rights specified therein and are intended to benefit the Representative, no provisions of this Agreement are intended, nor shall be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employee, consultantaffiliate, contractorstockholder, Affiliate, stockholder or partner of any party hereto or any other Person unless specifically provided otherwise herein andperson, except as so provided, and all provisions hereof shall be personal solely between the parties to this Agreement; except that Section 7.4 is intended to benefit the Company Indemnified Parties, Article 12 is intended to benefit the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the Releasees.

Third Party Beneficiary Rights. No provisions of this Agreement are intended, nor shall will be interpreted, to provide or create any third party beneficiary rights or any other rights of any kind in any client, customer, employeeaffiliate, consultant, contractor, Affiliate, stockholder Shareholder or partner of any party hereto or any other Person unless specifically provided otherwise herein and, except as so provided, all provisions hereof shall will be personal solely between the parties to this Agreement; except that Section 7.4 Article 11 is intended to benefit the Company Parent Indemnified Parties, Article 12 Persons and Section 6.5 is intended to benefit certain employees of the Acquiror Indemnified Persons and Section 6.11 is intended to benefit the ReleaseesCompany.