Covenanting Party definition
Examples of Covenanting Party in a sentence
The parties acknowledge that the Covenant Not to Solicit Employees is appropriate in view of the specialized training Owner provides to its employees and the fact that the Covenant Not to Solicit Employees is limited to solicitation of current employees to terminate their employment with Owner in order to work for the Covenanting Party.
The provisions of this Section 3.5 shall inure to the benefit of each Owner and each owner of properties hereafter merged into the Zoning Lot and shall be enforceable by each of them directly against each Covenanting Party in the event of a breach thereof by such Covenanting Party.
Subject to the Parties’ compliance with the terms of this Agreement, each party on behalf of itself and its Subsidiaries (“Covenanting Party”) shall, under the terms set forth in Exhibit A, covenant not to ▇▇▇ the other Party’s Customers (“Covenanted Customers”) for infringement of Covered Patents of the Covenanting Party on account of such Covenanted Customers’ use of Covered Products of the other Party.
Covenanting Party reserves the right to update (including discontinue) the foregoing covenant pursuant to the terms of the Patent Cooperation Agreement between Novell and Microsoft that was publicly announced on November 2, 2006; however, the covenant as set forth above will continue as to specific copies of Covered Products distributed by the other Party for Revenue before such update.
Selectica, on behalf of itself and each other Selectica Covenanting Party, hereby covenants not to ▇▇▇ Versata or any Licensee Party of Versata on account of any Released Versata Items.
Each Covenanting Party shall effect the foregoing covenant by (i) jointly announcing this Agreement at the press conference described in Section 19, and (ii) promptly posting the terms of such covenant as set forth in Exhibit A to its website.
Versata, on behalf of itself and each other Versata Covenanting Party, covenants not to ▇▇▇ Selectica and each of the Licensee Parties of Selectica on account of any Released Selectica Items.
No amendment, modification or waiver of any provision of this Agreement nor consent to any departure by Covenanting Party therefrom shall be effective unless the same shall be in writing and signed by Lender or other party to be charged, and then such waiver or consent shall be effective only in the specific instance and for the specific purpose for which given.
No notification made pursuant to this section shall be deemed to cure any breach of any representation or warranty made in this Agreement, unless all Covenanting Parties specifically agree thereto in writing nor shall any such notification be considered to constitute or result in a waiver by any Covenanting Party of any condition set forth in this Agreement.
This Agreement and the terms hereof shall be binding upon and inure to the benefit of Lender and its successors and assigns, including subsequent holders hereof, and Covenanting Party and its legal representatives, successors and assigns; provided, however that Covenanting Party may not assign or transfer its interests or rights hereunder (whether by operation of law or otherwise) without Lender’s prior written consent, which Lender may withhold in its sole and absolute discretion.