No Joinder. Each Guarantor agrees that any action to enforce this Guaranty may be brought against such Guarantor without any reimbursement or joinder of the Company in such action.
No Joinder. Distributor agrees not to join INFRAREDX or any INFRAREDX shareholder, director, officer, employee or consultant as a party defendant or plaintiff, or any interest thereof, in any action at law or in equity or in any other proceeding, regardless of the descriptive classification, arising out of the above described liabilities, duties and responsibilities which Distributor assumes or performs. Distributor shall promptly notify INFRAREDX of any and all actions at law or equity or claims or governmental administrative proceeding arising out of the operation or performance of this Agreement.
No Joinder. Such Stockholder has the requisite power to enter into this Agreement and perform his or her obligations hereunder (including without limitation to sell and deliver the Company Shares), and no other Person's joinder as a party hereto is necessary therefor pursuant to any community property laws or otherwise, and there is no restriction on the power of such Stockholder to sell and deliver the Company Shares pursuant to any partnership agreement, voting trust agreement, irrevocable proxy, shareholders' agreement, trust, estate planning or other similar document or any prenuptial or post-nuptial agreement or arrangement.
No Joinder. No arbitration arising out of or relating to this Agreement shall include, by consolidation, joinder or in any manner, an additional Person who has not furnished services, labor or materials to the Project, except by written consent of the Participants to the arbitration. Further, nothing in the ADR Rules shall create any privity between parties or shall create or give rise to a duty owed by one party to another which does not otherwise arise by operation of law or by the terms of the contract(s) between such parties to which the ADR Rules have been attached and made a part thereof. Consent to arbitration involving an additional Person shall not constitute consent to arbitration of any claim, dispute or other matter not described in the written consent or with a Person not named or described therein.
No Joinder. No arbitration arising out of, or relating to, a Project Agreement will include, by consolidation, joinder, or in any manner, an additional Person without the written consent of the Disputing Parties, except that additional Person(s) may be joined without all Disputing Parties’ consent if: (i) the additional Person(s) have furnished services, labor or materials to the Project and (ii) the joinder of the additional Person(s) will not cause any remedy sought in the arbitration to be other than monetary or the aggregate amount in dispute to be greater than the limit specified in Section 3.3.1. Further, nothing in these Arbitration Procedures will create any privity between the Disputing Parties or create or give rise to a duty owed by one Disputing Party to another that does not otherwise arise by operation of law or by the terms of the contract(s) between the Disputing Parties to which these Arbitration Procedures have been attached and made a part. Consent to arbitration involving an additional Person will not constitute consent to arbitrate any claim, dispute or other matter, or with a Person not named or described in the written consent, and will be subject to all of the terms and limitations set forth in these Arbitration Procedures, including the waiver and other provisions set forth in Section 3.4.9.
No Joinder. Distributor agrees not to join Xxxxxx Nutrition or any Xxxxxx Nutrition employee as a party in any action at law or in equity or in any other proceeding, arising out of the liabilities, duties and responsibilities that Distributor assumes or performs pursuant to this Agreement. Distributor shall promptly notify Xxxxxx Nutrition of any and all actions at law or equity or claims or governmental administrative proceedings of which it becomes aware, arising out of the operation or performance of this Agreement.
No Joinder. Guarantor agrees that any action to enforce this ---------- Agreement may be brought against Guarantor without any reimbursement or joinder of any Borrower in such action.
