Third Persons. All persons dealing with the Trustee are released from inquiring into the decisions or authority of the Trustee and from seeing to the application of any moneys, securities or other property paid or delivered to the Trustee.
Third Persons. Except as expressly provided in this Precedent Agreement, nothing herein expressed or implied is intended or shall be construed to confer upon or to give any person not a Party hereto any rights, remedies or obligations under or by reason of this Precedent Agreement.
Third Persons. A third person dealing with Trustee shall not be required to make any inquiry as to whether the Company or the Committee has instructed Trustee, or Trustee is otherwise authorized, to take or omit any action, and shall not be required to follow the application by Trustee of any money or property which may be paid or delivered to Trustee.
Third Persons. 21 8.4 Nonassignability; Nonalienation............................ 21 8.5
Third Persons. Following the Effective Date, a Provider may subcontract any of its obligations in relation to the provision of any Service or component thereof to a third-Person vendor. Notwithstanding the foregoing, (x) a Provider may not after the Effective Date begin to subcontract to a third-Person vendor its obligations in relation to the provision of any Service it is then providing hereunder or change a subcontractor that it is using on the Effective Date without the consent of the Recipient if doing so will increase the Fees by more than 4% for such Service or component thereof during the current Service Period or materially reduce the level of service, and (y) in any case, a Provider shall remain responsible for the performance of such Service or component thereof by such third-Person vendor at the same standard of care set forth herein for the Services; provided, however, that prior to engaging a subcontractor to provide a Service then provided by a Provider or changing a subcontractor providing a Service, the Provider Party shall provide the Recipient Party with at least forty-five (45) days notice prior to implementing any such change and the Provider Party and Recipient Party shall, during such 45-day period, negotiate mutually agreeable terms and conditions for such subcontracting and if no such agreement is reached, the Recipient may, at its option (1) agree to such subcontracting on the most recent terms proposed by the Provider or (2) terminate the Service or component thereof with respect to which such subcontracting is proposed on an agreed upon date, which shall be no earlier than thirty (30) days after the end of such 45-day period without any further liability or obligation other than the payment of Fees for such Services or component thereof provided through the date of such termination, it being understood that during such thirty (30) day period such subcontractor change shall not be implemented with respect to the Recipient Party. Once the Recipient Party has elected to terminate the Service or such component thereof, if an agreement on the date of such termination cannot be reached, such termination will occur on the one hundred twentieth (120th) day after the end of the 45-day period unless earlier requested by the Recipient Party. Notwithstanding anything to the contrary herein, the Provider Party may not increase the fees charged to the Recipient Party by more than the actual increase in costs to the Provider Party (if any) to deliver the app...
Third Persons. Subject to the prior approval of the Steering Committee, ------------- the parties may from time to time appoint third persons ("THIRD PERSONS") to provide services with respect to the Projects.
Third Persons. 9 Section 6.4 Limitation on Obligation of Trustee........................................................... 9
Third Persons. During the Term, each Investor shall not, and shall cause each Affiliate and Associate of such Investor not to seek to encourage any third person to vote Common Stock of the Company in opposition to a recommendation of a majority of the Board of Directors of the Company.
Third Persons. Except as otherwise provided in this Management Services Agreement nothing herein expressed or implied is intended or shall be construed to confer upon or to give any person not a party hereto any rights, remedies or obligations under or by reason of this Management Services Agreement.
Third Persons. The TRANSACTIONS shall not enlarge any rights of any THIRD PERSON and nothing contained in the DEFINITIVE AGREEMENTS shall prevent a PARTY from contesting the rights or obligations of any THIRD PERSON, subject to such PARTY's obligations under ARTICLE XII.
