Surviving Rights definition
Examples of Surviving Rights in a sentence
Upon such termination, (i) neither Seller nor Buyer shall have any further rights, obligations or liabilities under this Agreement, other than the Surviving Rights and Obligations; and (ii) the Deposit shall be promptly returned to Buyer.
The Parties shall be entitled, without prejudice, to exercise any and all rights or remedies available to it under law or in equity with respect to the Surviving Rights and Obligations under this Agreement, including, without limitation, (1) bring an action for actual damages, or (ii) seek specific performance or injunctive relief by the defaulting Party.
This Section 9.1 shall not apply to (a) the Parties’ obligations set forth in this Termination Agreement; or (b) any breaches or failure of the Parties to satisfy the Surviving Rights and Obligations of the Co-Promotion Agreement as set forth in Section 6 above that occur after the Termination Agreement Effective Date.
Notwithstanding the foregoing or anything else in this Agreement, nothing in this Agreement shall operate to release either Party with respect to the Surviving Rights and Obligations, and these obligations are specifically excluded from the Released Claims.
The Issuer understands and agrees that the Residual License shall be at all times subject to any Surviving Rights.
Neither the Covenant Not to Sue, nor the Release, nor any other provision of this Agreement shall limit either Party in its ability to file suit against the other Party to enforce the Surviving Rights and Obligations.
Upon Buyer’s termination of this Agreement in accordance with Section 2.05(b)(iii) hereof, (i) neither Seller nor Buyer shall have any further rights, obligations or liabilities under this Agreement, other than the Surviving Rights and Obligations; and (ii) the Deposit shall be promptly returned to Buyer.
If either Buyer or Seller terminates this Agreement as a result of a Force Majeure event in accordance with the terms of this Agreement, (i) neither Seller nor Buyer shall have any further rights, obligations or liabilities under this Agreement, other than the Surviving Rights and Obligations; and (ii) the Deposit shall be promptly returned to Buyer.
Any such assignment to a Subsidiary of Licensee shall be effective only so long as the assignee continues to be a Subsidiary of Licensee and except for the Surviving Rights, which shall continue in full force and effect without time limitation, shall be of no force and effect immediately upon such assignee ceasing to be a Subsidiary of Licensee.
Except with respect to the rights and obligations created by this Settlement Agreement and the Surviving Rights, the Parties shall have no further rights or obligations arising from or on account of the Lease Agreement.