Common use of NONBINDING AGREEMENT Clause in Contracts

NONBINDING AGREEMENT. Except for the obligations established in paragraphs 15, 16, 17, 18, 19, 20, 21, 22 and 23 hereof, which are binding on the parties (the "Binding Provisions"), this letter constitutes a non-binding letter of intent and is not a contract, agreement or a valid and enforceable offer, express or implied, binding on either of the parties with respect to the Proposed Transaction. If either party breaches any of the Binding Provisions, the other party shall be entitled to enforce its rights either by suit in equity and/or by action at law, including without limitation an action for damages as a result of any such breach and/or an action for specific performance of those provisions. Amtech represents and warrants to UNOVA the Amtech Board has informally approved the execution and delivery of this letter of intent.

NONBINDING AGREEMENT. Except for the obligations established in --------------------- paragraphs 15, 16, 17, 18, 19, 20, 21, 22 and 23 hereof, which are binding on the parties (the "Binding Provisions"), this letter constitutes a non-binding letter of intent and is not a contract, agreement or a valid and enforceable offer, express or implied, binding on either of the parties with respect to the Proposed Transaction. If either party breaches any of the Binding Provisions, the other party shall be entitled to enforce its rights either by suit in equity and/or by action at law, including without limitation an action for damages as a result of any such breach and/or an action for specific performance of those provisions. Amtech represents and warrants to UNOVA the Amtech Board has informally approved the execution and delivery of this letter of intent.