Xxxxxx & Xxxxx Agreement. Assuming the due authorization, execution and delivery by Xxxxxx & Blake Corporation, the Xxxxxx & Xxxxx Agreement is a valid, binding and enforceable obligation of the parties thereto and is in full force and effect in accordance with its terms. There have been no amendments or modifications to the Xxxxxx & Blake Agreement. No party thereto is in breach of or noncompliance with any term of the Xxxxxx & Xxxxx Agreement and there are no facts or conditions that, if continued or noticed, would result in a default under the Xxxxxx & Blake Agreement. No party has given any notice that any Person intends to cancel, modify or terminate the Xxxxxx & Xxxxx Agreement. No party thereto has given any notice of cancellation, material modification or termination of the Xxxxxx & Blake Agreement. All rights of Natural Gas Storage Corporation of North America under the Xxxxxx & Xxxxx Agreement with respect to Phase II have been properly assigned to Stagecoach II.
Xxxxxx & Xxxxx Agreement. Concurrently the execution and delivery of with this Agreement, the Company and Xxxxxx Xxxxx are entering into (i) Consulting Agreement in the form attached hereto as Attachment B-1 and (ii) a Non-solicitation and Non-competition Agreement in the form attached hereto as Attachment B-2. Seller hereby consents to Xxxxxx Xxxxx’x entry into and performing under each of the Consulting Agreement and Non-solicitation and Non-competition Agreement.
