Survival of Provisions Contract Clauses (176)

Grouped Into 8 Collections of Similar Clauses From Business Contracts

This page contains Survival of Provisions clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Survival of Provisions. 7.1 The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (b) the acceptance of any payment for the Shares. 7.2 The obligations of the Company to pay... the Dealer Manager pursuant to Section 5.1 of this Agreement, and the provisions of Section 5.3, Section 5.4, Sections 6 through 8 and Sections 11 and 15 of this Agreement shall survive the termination of this Agreement. View More
Survival of Provisions. 7.1 The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any termination of this Agreement, (b) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (b) (c) the acceptance of any payment for the Shares.... 7.2 The obligations of the Company to pay the Dealer Manager pursuant to Section 5.1 of this Agreement, and the provisions of Section 5.3, Section 5.4, Sections 6 through 8 and Sections 11 and 15 of this Agreement shall survive the termination of this Agreement. View More
Survival of Provisions. 7.1 The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (b) the acceptance of any payment for the Shares. 7.2 The obligations of the Company to pay... the Dealer Manager pursuant to Section 5.1 of this Agreement, and the provisions of Section 5.3, Section 5.4, Sections 6 through 8 and Sections 11 and 15 of this Agreement shall survive the termination of this Agreement. 8 8. APPLICABLE LAW AND VENUE. This Agreement and its validity, interpretation and construction shall be governed by the laws of the State of Maryland; provided; however, that causes of action for violations of federal or state securities laws shall not be governed by this Section. The Company, the Dealer Manager and each Dealer hereby agree that venue for any action brought in connection with this Agreement shall lie exclusively in Fairfax County, Virginia. View More
Survival of Provisions. 7.1 The respective agreements, representations and warranties of the Company and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect regardless of (a) any investigation made by or on behalf of the Dealer Manager or any Dealer or any person controlling the Dealer Manager or any Dealer or by or on behalf of the Company or any person controlling the Company, and (b) the acceptance of any payment for the Shares. 7.2 The obligations of the Company to pay... the Dealer Manager pursuant to Section 5.1 of this Agreement, and the provisions of Section 5.3, Section 5.4, Sections 6 through 8 and Sections 11 and 15 of this Agreement shall survive the termination of this Agreement. 8 8. APPLICABLE LAW AND VENUE. This Agreement and its validity, interpretation and construction shall be governed by the laws of the State of Maryland; provided; however, that causes of action for violations of federal or state securities laws shall not be governed by this Section. The Company, the Dealer Manager and each Dealer hereby agree that venue for any action brought in connection with this Agreement shall lie exclusively in Fairfax County, Virginia. View More
View Variations (9)
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating Partnership, and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Dealer or any person controlling the Dealer Manager or any Participating Dealer or by or on behalf of the Company, the Operating Partnership or any person controlling t...he Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 7, 8, 9, 10, 12, 13, 14 and 16, all of which will survive the termination of this Agreement. View More
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating Partnership, Adviser, and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Dealer or any person controlling the Dealer Manager or any Participating Dealer or by or on behalf of the Company, the Operating Partnership Adviser or any per...son controlling the Company; and (b) the delivery of any Offered Shares and payment for the Offered Shares. therefor. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 5, 6, 7, 8, 9, 10, 12, 13, 14 11, and 16, 15, all of which will survive the termination of this Agreement and any Participation Dealer Agreement. View More
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating Partnership, and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Dealer Broker-Dealer or any person controlling the Dealer Manager or any Participating Dealer Broker-Dealer or by or on behalf of the Company, the Operating Partnership... or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 7, 8, 9, 10, 12, 13, 14 and 16, all of which will survive the termination of this Agreement. 10. Applicable Law; Venue. This Agreement was executed and delivered in, and its validity, interpretation and construction shall be governed by the laws of, the State of New York; provided however, that causes of action for violations of federal or state securities laws shall not be governed by this Section 10. Venue for any action brought hereunder shall lie exclusively in New York, New York. View More
Survival of Provisions. The respective agreements, representations and warranties of the Company, the Operating Partnership, Adviser and the Dealer Manager set forth in this Agreement shall remain operative and in full force and effect until the Termination Date regardless of: (a) any investigation made by or on behalf of the Dealer Manager or any Participating Selected Dealer or any person controlling the Dealer Manager or any Participating Selected Dealer or by or on behalf of the Company, the Operating Partnership A...dviser or any person controlling the Company; and (b) the delivery of payment for the Offered Shares. Following the termination of this Agreement, this Agreement will become void and there will be no liability of any party to any other party hereto, except for obligations under Sections 5, 6, 7, 8, 9, 10, 12, 13, 14 11 and 16, 15, all of which will survive the termination of this Agreement. View More
View Variations (6)
Survival of Provisions. Neither the termination of this Agreement, nor of the Employee's employment hereunder, will terminate or affect in any manner any provision of this Agreement that is intended by its terms to survive such termination, including without limitation, the provisions of Section 3 and Section 9 hereof.
Survival of Provisions. Neither the termination of this Agreement, nor of the Employee's employment hereunder, will terminate or affect in any manner any provision of this Agreement that is intended by its terms to survive such termination, including without limitation, the provisions of Section 3 and Section 9 8 hereof.
View Variations (3)
Survival of Provisions. Notwithstanding any other provision of this Agreement, the parties' respective rights and obligations under Sections 10, 11, 12, 13, 14, 15, 16, 18, 22 and 26 will survive any termination or expiration of this Agreement or the termination of the Executive's employment.
Survival of Provisions. Notwithstanding any other provision of this Agreement, the parties' Parties' respective rights and obligations under Sections 10, 11, 12, 13, 14, 15, 16, 18, 22 17, 21 and 26 25 will survive any termination or expiration of this Agreement or the termination of the Executive's employment.
Survival of Provisions. Notwithstanding any other provision of this Agreement, the parties' Parties' respective rights and obligations under Sections 10, 11, 12, 13, 14, 15, 16, 18, 22 and 26 26, and the indemnification arrangement according to its terms, will survive any termination or expiration of this Agreement or the termination of the Executive's employment.
View Variations (2)
Survival of Provisions. In the event the Option granted hereunder is exercised by Optionee in whole or in part, the representations, warranties, covenants and agreements of Optionee under this Option shall survive such exercise and purchase of the Shares. This Incentive Stock Option Agreement is executed to be effective as of the Date of Grant. OPTIONEE GLOBALSCAPE, INC. ______________________________ By: ______________________________ (Optionee name) Chief Financial Officer EX-10.1 2 ex10-1.htm EX-10.1 ex10-1.htm Exhi...bit 10.1 GLOBALSCAPE, INC. INCENTIVE STOCK OPTION AGREEMENT This Incentive Stock Option Agreement (the "Agreement") is entered into between GLOBALSCAPE, Inc., a Delaware corporation (the "Company"), and (Name) (the "Optionee") as of the (Day) day of (Month) (the "Date of Grant"). In consideration of the mutual promises and covenants made herein, the parties hereby agree as follows: 1. Grant of Option. Under the terms and conditions of the Company's 2010 Employee Long-Term Equity Incentive Plan (the "Plan"), which is incorporated herein by reference, the Company grants to the Optionee an option (the "Option") to purchase from the Company all or any part of a total of [number] shares of the Company's Common Stock, par value $0.001 per share (the "Stock"), at a price of $0.00 per share. View More
Survival of Provisions. In the event the Option granted hereunder is exercised by Optionee in whole or in part, the representations, warranties, covenants and agreements of Optionee under this Option shall survive such exercise and purchase of the Shares. This Incentive Stock Option Agreement is executed to be effective as of the Date of Grant. OPTIONEE GLOBALSCAPE, INC. ______________________________ (Optionee name) By: ______________________________ (Optionee name) James W. Albrecht, Jr. Chief Financial Officer EX-10....1 2 ex10-1.htm EX-10.1 ex10-1.htm Exhibit 10.1 GLOBALSCAPE, INC. INCENTIVE STOCK OPTION AGREEMENT This Incentive Stock Option Agreement (the "Agreement") Exercise Notice (Note: Payment for the shares being purchased is entered into between GLOBALSCAPE, Inc., a Delaware corporation (the "Company"), and (Name) (the "Optionee") as due within seven business days of the (Day) day of (Month) (the "Date of Grant"). In consideration of the mutual promises and covenants made herein, the parties hereby agree as follows: 1. Grant of Option. Under the terms and conditions of the Company's 2010 Employee Long-Term Equity Incentive Plan (the "Plan"), which is incorporated herein by reference, the Company grants to the Optionee an Globalscape receiving this notice. A new option (the "Option") exercise notice must be submitted to purchase any shares for which payment is not received within that allotted time. Allow at least three business days from the Company all date of Globalscape's receipt of payment for the shares to be delivered to you.) Optionee name: _____________________________________ Printed Name Options being exercised: Option Grant Date Option Exercise Price Per Share ($0.00) Number of Shares Being Purchased (Whole Number) Total Price to Exercise Option Before Taxes (Price Per Share Times Number of Shares) ------------------------------ Total Price for All Options Being Exercised >>>>> Please deliver shares issued to me from this exercise as follows (select one delivery method): _____ Send me a paper certificate. _____ Electronically deliver the shares to my brokerage account described below. I will pay the total exercise price, plus taxes, as computed on the next page as follows (select one payment method): _____ I will pay Globalscape by check or funds transfer drawn on my bank account. _____ I will pay Globalscape by funds transfer from my brokerage account described below. My brokerage account is as follows (All boxes must be completed if using a brokerage account. This stock option exercise cannot be processed with any part brokerage or broker information blank): Brokerage firm name Brokerage firm DTC number (Your broker has this number.) My brokerage account number Broker contact name Broker contact phone number Broker contact email address _____________________________________________ __________________ Optionee Signature Date Signed Taxable Income Computation Option Number Total Option Exercise of a total of [number] Price Type Closing Option Option Option Price Shares to (NQSO Price on Tracking Grant Expiration Per Being Exercise or Exercise Number Date Date Share Purchased Options ISO) Date $ - - $ - $ - $ - - $ - $ - $ - - $ - $ - $ - - $ - $ - $ - $ - $ - Amount Due From Optionee Total price to exercise options (from above) $ - Federal income taxes - Social security taxes - Medicare taxes - Total due from optionee to exercise options $ - GlobalSCAPE, Inc. confirms that: 1. The options to purchase shares of the Company's Common Stock, par value $0.001 per share (the "Stock"), at a price of $0.00 per share. its common stock as described above are valid and in force. View More
View Variations (2)
Survival of Provisions. The provisions of this Agreement set forth in Sections 7, 8, 9, 10, 11, 12 and 20 hereof shall survive the termination of Employee's employment hereunder.
Survival of Provisions. The provisions of this Agreement set forth in Sections 7, 8, 9, 10, 11, 12 13 and 20 hereof shall survive the termination of Employee's employment hereunder.
View Variation
Survival of Provisions. In case any one or more of the provisions or any portion of any provision set forth in this Agreement should be found to be invalid, illegal or unenforceable in any respect, such provision(s) or portion(s) thereof shall be modified or deleted in such manner as to afford the parties the fullest protection commensurate with making this Agreement, as modified, legal and enforceable under applicable laws. The validity, legality and enforceability of any such provisions shall not in any way be affect...ed or impaired thereby and such remaining provisions in this Agreement shall be construed as severable and independent thereof. View More
Survival of Provisions. In case any one or more of the provisions or any portion of any provision set forth in this Agreement Amendment should be found to be invalid, illegal or unenforceable in any respect, such provision(s) or portion(s) thereof shall be modified or deleted in such manner as to afford the parties the fullest protection commensurate with making this Agreement, Amendment, as modified, legal and enforceable under applicable laws. The validity, legality and enforceability of any such provisions shall not... in any way be affected or impaired thereby and such remaining provisions in this Agreement Amendment shall be construed as severable and independent thereof. View More
View Variation
Survival of Provisions. The provisions of this Agreement set forth in Sections 5 through 21 hereof and all other provisions of this Agreement that are intended to endure beyond the Term shall survive the termination of the Employee's employment hereunder.
Survival of Provisions. The provisions of this Agreement set forth in Sections 5 through 21 24 hereof and all other provisions of this Agreement that are intended to endure beyond the Term shall survive the termination of the Employee's employment hereunder.
View Variation