Common use of Termination; Survival Following Termination Clause in Contracts

Termination; Survival Following Termination. (i) Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon ten (10) Trading Days’ notice to the other party; provided that, (A) if the Company terminates this Agreement or the Agency Period expires after the Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with ‎Section 3(b)(v) with respect to such Shares and (B) ‎Section 2, ‎Section 3(d), Section 6, Section 7 and Section 8 shall survive any termination of this Agreement or expiration of the Agency Period. If termination or expiration shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. (ii) In addition to the survival provision of ‎Section 7(b)(i), the respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of the Agent or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement or expiration of the Agency Period.

Termination; Survival Following Termination. (i) Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon ten (10) Trading Days’ notice to the other party; provided that, (A) if the Company terminates this Agreement or the Agency Period expires after the Agent confirms Agents confirm to the Company any sale of Shares, the Company shall remain obligated to comply with ‎Section Section 3(b)(v) with respect to such Shares and (B) ‎Section Section 2, ‎Section 3(d), Section 6, Section 7 and Section 8 shall survive any termination of this Agreement or expiration of the Agency PeriodAgreement. If termination or expiration shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. Upon termination of this Agreement, the Company shall not have any liability to the Agents for any discount, commission, or other compensation with respect to any Shares not otherwise sold by the Agents under this Agreement. (ii) In addition to the survival provision of ‎Section Section 7(b)(i), the respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the Agent Agents set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of the Agent Agents or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement or expiration of the Agency PeriodAgreement.

Termination; Survival Following Termination. (i) Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon ten (10) one Trading Days’ Day’s notice to the other party; provided that, (A) if the Company terminates this Agreement or the Agency Period expires after the Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with ‎Section Section 3(b)(v) with respect to such Shares and (B) ‎Section Section 2, ‎Section 3(d), Section 6, Section 7 and Section 8 shall survive any termination of this Agreement or expiration of the Agency PeriodAgreement. If termination or expiration shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. Except as set forth herein, upon termination of this Agreement, the Company shall not have any liability to the Agent for any discount, commission or other compensation with respect to any Shares not otherwise sold by the Agent under this Agreement. (ii) In addition to the survival provision of ‎Section Section 7(b)(i), the respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of the Agent or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement or expiration of the Agency PeriodAgreement.

Termination; Survival Following Termination. (i) Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon ten (10) one Trading Days’ Day’s notice to the other party; provided that, (A) if the Company terminates this Agreement or the Agency Period expires after the Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with ‎Section Section 3(b)(v) with respect to such Shares and (B) ‎Section Section 2, ‎Section Section 3(d), Section 6, Section 7 and Section 8 shall survive any termination of this Agreement or expiration of the Agency PeriodAgreement. If termination or expiration shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. Upon termination of this Agreement, the Company shall not have any liability to the Agent for any discount, commission or other compensation with respect to any Shares not otherwise sold by the Agent under this Agreement. (ii) In addition to the survival provision of ‎Section Section 7(b)(i), the respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of the Agent or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement or expiration of the Agency PeriodAgreement.

Termination; Survival Following Termination. (i) Either party Each Agent may terminate this Agreement Agreement, solely with respect to its rights and obligations hereunder, and the Company may terminate this Agreement, with respect to one or both Agents, prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon ten three (103) Trading Days’ notice to the other party; provided that, (A) if the Company terminates this Agreement or the Agency Period expires after the an Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with ‎Section 3(b)(v) with respect to such Shares and (B) ‎Section 2, ‎Section 3(d), Section 6, Section 7 and Section 8 shall survive any termination of this Agreement or expiration of the Agency Period. If termination or expiration shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement.Section (ii) In addition to the survival provision of ‎Section Section 7(b)(i), the respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the Agent Agents set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of the an Agent or the Company or any of its or their partners, affiliates, officers or directors or any controlling person, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement, provided that, for the avoidance of doubt, upon termination of this Agreement, the Company shall not have any liability to the Agents for any discount, commission or other compensation with respect to any Shares not sold by the Agents under this Agreement or expiration of the Agency Periodprior to such termination.

Termination; Survival Following Termination. (i) Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon ten (10) Trading Dayscalendar days’ notice to the other party; provided that, (A) if the Company terminates this Agreement or the Agency Period expires after the Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with ‎Section 3(b)(v) with respect to such Shares and (B) ‎Section 2, ‎Section 3(d), Section 6, Section ‎Section 7 and Section ‎Section 8 shall survive any termination of this Agreement or expiration of the Agency PeriodAgreement. If termination or expiration shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. Upon termination of this Agreement, the Company shall not have any liability to the Agent for any discount, commission or other compensation with respect to any Shares not otherwise sold by the Agent under this Agreement. (ii) In addition to the survival provision of ‎Section 7(b)(i), the respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of the Agent or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement or expiration of the Agency PeriodAgreement.

Termination; Survival Following Termination. (i) Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon ten (10) Trading Days’ notice to the other party; provided that, (A) if the Company terminates this Agreement or the Agency Period expires after the Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with ‎Section Section 3(b)(v) with respect to such Shares and (B) ‎Section Section 2, ‎Section 3(d), Section 6, Section 7 and Section 8 shall survive any termination of this Agreement or expiration of the Agency PeriodAgreement. If termination or expiration shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. Upon termination of this Agreement, the Company shall not have any liability to the Agent for any discount, commission or other compensation with respect to any Shares not previously sold by the Agent under this Agreement. (ii) In addition to the survival provision of ‎Section Section 7(b)(i), the respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of the Agent or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement or expiration of the Agency PeriodAgreement.

Termination; Survival Following Termination. (i) Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon ten (10) Trading Dayscalendar days’ notice to the other party; provided that, (A) if the Company terminates this Agreement or the Agency Period expires after the Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with ‎Section Section 3(b)(v) with respect to such Shares and (B) ‎Section Section 2, ‎Section Section 3(d), Section 6, Section 7 and Section 8 shall survive any termination of this Agreement or expiration of the Agency PeriodAgreement. If termination or expiration shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. Upon termination of this Agreement, the Company shall not have any liability to the Agent for any discount, commission or other compensation with respect to any Shares not otherwise sold by the Agent under this Agreement. (ii) In addition to the survival provision of ‎Section Section 7(b)(i), the respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of the Agent or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement or expiration of the Agency PeriodAgreement.

Termination; Survival Following Termination. (i) Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon ten (10) Trading Daysdays’ prior written notice to the other party; provided that, (A) if the Company terminates this Agreement or the Agency Period expires after the Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with ‎Section Section 3(b)(v) with respect to such Shares and (B) ‎Section Section 2, ‎Section 3(d), Section 6, Section 7 and Section 8 shall survive any termination of this Agreement or expiration of the Agency PeriodAgreement. If termination or expiration shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. Upon termination of this Agreement, the Company shall not have any liability to the Agent for any discount, commission or other compensation with respect to any Shares not otherwise sold by the Agent under this Agreement. (ii) In addition to the survival provision of ‎Section Section 7(b)(i), the respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of the Agent or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement or expiration of the Agency PeriodAgreement.

Termination; Survival Following Termination. (i1) Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon ten (10) Trading Days’ notice to the other party; provided that, (A) if the Company terminates this Agreement or the Agency Period expires after the Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with ‎Section Section 3(b)(v) with respect to such Shares and (B) ‎Section Section 2, ‎Section 3(d), Section 6, Section 7 and Section 8 shall survive any termination of this Agreement or expiration of the Agency PeriodAgreement. If termination or expiration shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. Except as set forth herein, upon termination of this Agreement, the Company shall not have any liability to the Agent for any discount, commission or other compensation with respect to any Shares not otherwise sold by the Agent under this Agreement. (ii2) In addition to the survival provision of ‎Section Section 7(b)(i), the respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of the Agent or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement or expiration of the Agency PeriodAgreement.

Termination; Survival Following Termination. (i) Either party Each Agent may terminate this Agreement Agreement, solely with respect to its rights and obligations hereunder, and the Company may terminate this Agreement, with respect to one or more Agents, prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon ten three (103) Trading Days’ notice to the other party; provided that, (A) if the Company terminates this Agreement or the Agency Period expires after the an Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with ‎Section 3(b)(v) with respect to such Shares and (B) ‎Section 2, ‎Section 3(d), Section 6, Section 7 and Section 8 shall survive any termination of this Agreement or expiration of the Agency Period. If termination or expiration shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement., (ii) In addition to the survival provision of ‎Section Section 7(b)(i), the respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the Agent Agents set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of the an Agent or the Company or any of its or their partners, affiliates, officers or directors or any controlling person, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement, provided that, for the avoidance of doubt, upon termination of this Agreement, the Company shall not have any liability to the Agents for any discount, commission or other compensation with respect to any Shares not sold by the Agents under this Agreement or expiration of the Agency Periodprior to such termination.

Termination; Survival Following Termination. (i) Either party may terminate this Agreement prior to the end of the Agency Period, by giving written notice as required by this Agreement, upon ten (10) five Trading Days’ notice to the other party; provided that, (A) if the Company terminates this Agreement or the Agency Period expires after the Agent confirms to the Company any sale of Shares, the Company shall remain obligated to comply with ‎Section Section 3(b)(v) with respect to such Shares and (B) ‎Section Section 2, ‎Section 3(d), Section 6, Section 7 and Section 8 shall survive any termination of this Agreement or expiration of the Agency PeriodAgreement. If termination or expiration shall occur prior to the Settlement Date for any sale of Shares, such sale shall nevertheless settle in accordance with the terms of this Agreement. Upon termination of this Agreement, the Company shall have no liability to the Agent for any discount, commission or other compensation with respect to any Shares not otherwise sold by the Agent in compliance with this Agreement. (ii) In addition to the survival provision of ‎Section Section 7(b)(i), the respective indemnities, agreements, representations, warranties and other statements of the Company, of its officers and of the Agent set forth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of the Agent or the Company or any of its or their partners, officers or directors or any controlling person, as the case may be, and, anything herein to the contrary notwithstanding, will survive delivery of and payment for the Shares sold hereunder and any termination of this Agreement or expiration of the Agency PeriodAgreement.