Common use of Acknowledgement of the Parties Clause in Contracts

Acknowledgement of the Parties. The Parties hereby acknowledge that the Company is a public company and that fiduciary duties are owed to all stockholders. Furthermore, notwithstanding any provision contained in this Agreement, it is understood that the Parties may not be in a position by reason of the ownership level of voting securities Owned by the Norilsk Nickel Group to cause or effect the actions and results contemplated herein; in such case the Parties agree to use all reasonable commercial efforts to achieve the actions and results contemplated by this Agreement. In particular, if Buyer ceases to Own a majority of the outstanding voting securities of the Company, it may not have the requisite power to effect the obligations contained herein. In such case, the Parties shall nonetheless be obligated to use all reasonable commercial efforts to fulfill, or to cause the fulfillment of, all obligations hereunder and otherwise use all reasonable commercial efforts to ensure that the Company is governed at all times consistent with the governance principles contained herein.