Rights Against Third Parties. All rights, claims, causes of action and rights of set-off exclusively relating to the Business, the Purchased Assets or the Assumed Obligations, whether known or unknown, contingent or non-contingent, including, without limitation, all rights against suppliers under warranties exclusively covering any of the Inventory or Equipment and Fixed Assets; and
Rights Against Third Parties. For any rights or remedies relating to the Assets that may be enforced after the Closing Date against third parties and the Purchaser, Purchaser will notify Seller in writing of any such enforcement that should properly be instituted in the name of Seller, and Seller will join with Purchaser in enforcing such rights and remedies or enforce such rights or remedies in Seller's own name at Purchaser's sole cost.
Rights Against Third Parties. In consideration of the rights conferred upon the User under this Agreement, including under clause 3.8, the right of the User to claim in negligence, other tort, or otherwise howsoever against a Relevant Person in respect of any act or omission of that Relevant Person in relation to the subject matter of the Relevant Agreement is hereby excluded and the User agrees not to pursue any such claim, provided that:
Rights Against Third Parties. Lessor hereby assigns to Lessee for the Lease Term all presently existing and future rights of Lessor against the manufacturer of, or service facility for, the airframe, engines, accessories, equipment and component parts of the Aircraft or any replacement thereof with respect to the obligation of said manufacturer or service facility under the warranties granted pursuant to the sale or servicing of such property. Lessee shall perform, and Lessor shall cooperate with Lessee to perform, all acts necessary to make a claim under any such warranty at Lessee's own expense.
Rights Against Third Parties. The Parties expressly reserve all claims, rights, remedies, and defenses they may have against any person or legal entity not a signatory hereto, including, but not limited to, Principal, and any and all suppliers, materialmen, and subcontractors.
Rights Against Third Parties. Nothing in this Section shall limit the RWQCB’s rights against any Non-Member, Terminated Member or third person or entity, including, without limitation, the RWQCB’s right to xxx, take enforcement action, or take any other administrative action against any such party. Subject to discussion with and concurrence by a majority vote of the Members, it shall not be a violation of this Covenant Not to Xxx for the RWQCB to issue an enforcement order under Water Code sections 13205, 13267, and 13000, et seq. to a Member(s) provided that concurrent with issuance of the enforcement order the RWQCB agrees not to enforce the terms of said enforcement order in recognition of the Member’s existing and continued voluntary, good faith participation in the Agreement.
Rights Against Third Parties. In consideration of the rights conferred upon the Generator under this Agreement, including under clause 10.6, the right of the Generator to claim in negligence, other tort, or otherwise howsoever against a Relevant Person in respect of any act or omission of that Relevant Person in relation to the subject matter of the Relevant Agreement is hereby excluded and the Generator agrees not to pursue any such claim, provided that:
Rights Against Third Parties. Nothing herein shall restrict, impair or otherwise affect any Lender’s rights and remedies against third parties to enforce any subordination under any agreements containing subordination provisions in favor of any or all of the Lenders (including, without limitation, any rights or remedies available to the Lenders as a result of the occurrence or continuation of any Designated Default) or amend or modify any provision thereof.
Rights Against Third Parties. 12.1 Where the Purchaser and/or the Company is/are at any time entitled to recover from some other person (excluding any employee of the Company at the date hereof) any sum by way of compensation in respect of any matter giving rise to a claim under the Warranties or the Tax Covenants and provided that the Vendor indemnifies and secures the Purchaser and the Company to the reasonable satisfaction of the Purchaser against all losses, costs, damages and expenses which may have been incurred thereby then (without prejudice to the rights of the Purchaser to bring such a claim) the Purchaser shall and shall procure that the Company shall undertake such steps as are necessary but having regard to the commercial interests of the Purchaser and/or the Company to enforce such recovery and in the event that the Purchaser or the Company shall recover any amount from such other person the amount of the claim against the Vendor shall be reduced by the amount recovered less all costs, charges and expenses incurred by the Purchaser and/or the Company in recovering that sum from such other person save to the extent that such costs, charges and expenses are otherwise recovered from such other person.
Rights Against Third Parties. If CBI has made a payment to the Subscribers in relation to any Claim and any Subscriber Group Member has or subsequently obtains a right to recover an amount from any person other than CBI in connection with the fact, matter or circumstance that gave rise to the Claim, the Subscribers must:
