Common use of Settlement Agreements Clause in Contracts

Settlement Agreements. Notwithstanding the sale of the Shelter Units pursuant to this Agreement, the parties agree, and Seller expressly confirms and acknowledges, that the provisions of Articles III and IV of each of the Settlement Agreements shall continue to apply to the Icahn Entities and their Affiliates (each as defined in the Settlement Agreements) in full force and effect for the respective terms thereof, unaffected by the sale of the Shelter Units pursuant hereto, but the restrictions contained in such Articles shall no longer apply to the Insignia Entities and their Affiliates (each as defined in the Settlement Agreements); provided, however, that if and to the extent that any of the terms and conditions of the sale of the Shelter Units pursuant to this Agreement, or the mechanics of such sale, are inconsistent with the provisions of Article IV of the Settlement Agreements, such inconsistent provisions are hereby waived by Purchaser.