Common use of Trustee and Agent Clause in Contracts

Trustee and Agent. The Purchaser, on the one hand, and the Vendor, on the other hand, acknowledge that the other Party is acting as trustee and agent for the Purchaser Indemnified Parties and the Vendor Indemnified Parties, respectively, on whose behalf and for whose benefit the indemnities in Article 11 are provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. The Parties agree that the other Party may enforce the indemnity for and on behalf of such Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Trustee and Agent. The Purchaser, on the one hand, and the Vendor, on the other hand, acknowledge Each Party acknowledges that the other Party Purpose is acting as trustee and agent for the Purchaser Purpose Indemnified Parties and that the Vendor Trusts and Administrators are acting as trustee and agent for the Trust Indemnified Parties, respectivelyas applicable, on whose behalf and for whose benefit the indemnities indemnity in Article 11 are Section 8.1 and Section 8.3, as the case may be, is provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. The Parties agree Each Party agrees that the other Party Parties may enforce the indemnity for and on behalf of such the applicable Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such remaining Indemnified Parties assert any defence defense thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defencedefense.

Trustee and Agent. The Purchaser, on the one hand, and the Vendor, on the other hand, acknowledge that the other Party is acting as trustee and agent for the Purchaser Indemnified Parties and the Vendor Indemnified Parties, respectively, on whose behalf and for whose benefit the indemnities in this Article 11 8 are provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. The Parties agree that the other Party may enforce the indemnity for and on behalf of such Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Trustee and Agent. The Purchaser, on the one hand, and the Vendor, on the other hand, acknowledge Each Party acknowledges that the other Party is acting as trustee and agent for the Purchaser remaining Transferor Indemnified Parties and the Vendor or Transferee Indemnified Parties, respectivelyas the case may be, on whose behalf and for whose benefit the indemnities indemnity in Article 11 are Section 9.1 or Section 9.2, as the case may be, is provided and that such remaining Indemnified Parties indemnified parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. The Parties agree Each Party agrees that the other Party may enforce the indemnity for and on behalf of such Indemnified Parties remaining indemnified parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such Indemnified Parties remaining indemnified parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Trustee and Agent. The Purchaser, on the one hand, and the Vendor, on the other hand, acknowledge Each Party acknowledges that the other Party is acting as trustee and agent for the remaining Purchaser Indemnified Parties and the Vendor or Company Indemnified Parties, respectivelyas the case may be, on whose behalf and for whose benefit the indemnities indemnity in Article 11 are Section 9.1 or Section 9.2, as the case may be, is provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. The Parties agree Each Party agrees that the other Party may enforce the indemnity for and on behalf of such remaining Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such remaining Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Trustee and Agent. The Purchaser, on the one hand, and the Vendor, on the other hand, acknowledge ‌ Each Party acknowledges that the other Party is acting as trustee and agent for the other Purchaser Indemnified Parties and the or Vendor Indemnified Parties, respectivelyas the case may be, on whose behalf and for whose benefit the indemnities indemnity in Article 11 are Section 8.2 or Section 8.6, as the case may be, is provided and that such remaining other Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. The Parties agree Each Party agrees that the other Party may enforce the indemnity for and on behalf of such other Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such other Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Trustee and Agent. The Purchaser, on the one hand, and the Vendor, on the other hand, acknowledge Each Party acknowledges that the other Party is acting as trustee and agent for the remaining Purchaser Indemnified Parties and the or Vendor Indemnified Parties, respectivelyas the case may be, on whose behalf and for whose benefit the indemnities indemnity in Article 11 are Section 9.1 or Section 9.2, as the case may be, is provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. The Parties agree Each Party agrees that the other Party may enforce the indemnity for and on behalf of such remaining Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such remaining Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Trustee and Agent. The Purchaser, on the one hand, and the Vendor, on the other hand, acknowledge Each Party acknowledges that the other Party is acting as trustee and agent for the remaining Purchaser Indemnified Parties and the or Vendor Indemnified Parties, respectivelyas the case may be, on whose behalf and for whose benefit the indemnities indemnity in Article 11 are Section 10.1 or Section 10.2, as the case may be, is provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. The Parties agree Each Party agrees that the other Party may enforce the indemnity for and on behalf of such remaining Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such remaining Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Trustee and Agent. The Purchaser, on the one hand, and the Vendor, on the other hand, acknowledge that the other Party is acting as trustee and agent for the Purchaser Indemnified Parties and the Vendor Indemnified Parties, respectively, on whose behalf and for whose benefit the indemnities in Article 11 8 are provided and that such remaining Indemnified Parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. The Parties agree that the other Party may enforce the indemnity for and on behalf of such Indemnified Parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such Indemnified Parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.

Trustee and Agent. The Purchaser, on the one hand, and the Vendor, on the other hand, acknowledge Each Party acknowledges that the other Party is acting as trustee and agent for the Purchaser remaining Transferor Indemnified Parties and the Vendor or Transferee Indemnified Parties, respectivelyas the case may be, on whose behalf and for whose benefit the indemnities indemnity in Article 11 are Section 8.1 or Section 8.2, as the case may be, is provided and that such remaining Indemnified Parties indemnified parties shall have the full right and entitlement to take the benefit of and enforce such indemnity notwithstanding that they may not individually be parties to this Agreement. The Parties agree Each Party agrees that the other Party may enforce the indemnity for and on behalf of such Indemnified Parties remaining indemnified parties and, in such event, the Party from whom indemnification is sought will not in any proceeding to enforce the indemnity by or on behalf of such Indemnified Parties remaining indemnified parties assert any defence thereto based on the absence of authority or consideration or privity of contract and irrevocably waives the benefit of any such defence.