Common use of No Constraint Clause in Contracts

No Constraint. Notwithstanding the provisions of Section 4.01 above, the fulfillment or waiver of any or all of the conditions precedent to the Distribution set forth therein shall not: (a) create any obligation on the part of ESI or any other party hereto to effect the Distribution; (b) in any way limit ESI's right and power under Section 8.10 hereof to terminate this Agreement and the process leading to the Distribution and to abandon the Distribution; or (c) alter the consequences of any such termination under Section 8.10 hereof from those specified in such Section.