Subsequent Payments. (a) If this Agreement is terminated pursuant to this Article 8 (other than under Sections 8.1(a) or (b), and except if the ERS stockholders have disapproved the Agreement and the ERS Charter Changes), and within six months after termination Telepanel consummates a Telepanel Competing Transaction which was the subject of a Telepanel Notice, other than with ERS, or Telepanel enters into a Telepanel Acquisition Agreement relating to a Telepanel Competing Transaction which was the subject of a Telepanel Notice, other than with ERS, and such transaction is within such period or thereafter consummated, Telepanel shall, upon consummation, cause any third party with whom it has consummated such Telepanel Competing Transaction to pay to ERS (by wire transfer in immediately available funds) the sum of:
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Sources: Combination Agreement (Electronic Retailing Systems International Inc), Combination Agreement (Electronic Retailing Systems International Inc)