Common use of No Agreement Clause in Contracts

No Agreement. Each party understands and agrees that no contract or agreement providing for any Possible Transaction shall be deemed to exist between the parties unless and until a final Definitive Agreement has been executed and delivered, and both parties hereby waive, in advance, any claims (including, without limitation, breach of contract) in connection with any Possible Transaction unless and until the parties shall have entered into a final Definitive Agreement. The parties also agree that unless and until a final Definitive Agreement has been executed and delivered, neither party will be under any legal obligation of any kind whatsoever with respect to such a Possible Transaction by virtue of this letter agreement except for the matters specifically agreed to herein. The parties further acknowledge and agree that each party reserves the right, in its sole discretion, to reject any and all proposals made by the other party or any of the other party’s Representatives with regard to a Possible Transaction, to determine not to engage in discussions or negotiations and to terminate discussions and negotiations with the other party at any time. Each party reserves the right to conduct, directly or through any of its Representatives, any process for any transaction involving itself or any of its affiliates or divisions, if and as that party in its sole discretion shall determine (including, without limitation, negotiating with any other interested parties and entering into a definitive agreement regarding transactions similar to the Possible Transaction without prior notice to the other party or any other person).

Appears in 3 contracts

Samples: Confidentiality Agreement, Confidentiality Agreement (Total Sa), Confidentiality Agreement (Sunpower Corp)

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No Agreement. Each party Party understands and agrees that no contract or agreement providing for any Possible Transaction shall be deemed to exist between the parties hereto unless and until a final Definitive Agreement definitive agreement has been executed and delivered, and both parties each party hereby waivewaives, in advance, any claims (including, without limitation, breach seeking enforcement of contract) a binding agreement in connection with any Possible Transaction transaction unless and until the parties shall have entered into a final Definitive Agreementdefinitive agreement. The parties Each Party also agree agrees that unless and until a final Definitive Agreement definitive agreement regarding a Possible Transaction has been executed and delivered, neither party will be under any legal obligation of any kind whatsoever with respect to such a Possible Transaction by virtue of this letter agreement except for the matters specifically agreed to herein. The parties Buyer further acknowledge acknowledges and agree agrees that each party eTelecare reserves the right, in its sole discretion, to reject any and all proposals made by the other party Buyer or any of the other party’s its Representatives with regard to a Possible 3 Transaction, to determine not to engage in discussions or negotiations and to terminate discussions and negotiations with the other party Buyer at any time. Each party reserves the right , and to conduct, directly or through any of its Representatives, any process for any transaction involving itself eTelecare or any of its affiliates or divisionssubsidiaries, if and as that party they in its their sole discretion shall determine (including, without limitation, negotiating with any other interested parties and entering into a definitive agreement regarding transactions similar to the Possible Transaction without prior notice to the other party Buyer or any other person).

Appears in 1 contract

Samples: Nondisclosure Agreement (eTelecare Global Solutions, Inc.)

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