Survival Clause Example with 9 Variations from Business Contracts
This page contains Survival clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Survival. It is the express intention and agreement of the parties hereto that the provisions of Sections 4(f), 7, 8, 9, 10, 12, 13, 14, 16, 17, 18, 20, 21 and 23 hereof and this Section 15 shall survive the termination of employment of the Executive. In addition, all obligations of the Company to make payments hereunder shall survive any termination of this Agreement on the terms and conditions set forth herein.16. Assignment. The rights and obligations of the parties to this Agreement shall not be assig...nable or delegable, except that (i) in the event of the Executive's death, the personal representative or legatees or distributees of the Executive's estate, as the case may be, shall have the right to receive any amount owing and unpaid to the Executive hereunder, and (ii) the rights and obligations of the Company hereunder shall be assignable and delegable in connection with any subsequent merger, consolidation, sale of all or substantially all of the assets or equity interests of the Company or similar transaction involving the Company or a successor entity. The Company shall require any successor to the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.17. Binding Effect. Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon the parties hereto and shall inure to the benefit of the parties and their respective heirs, devisees, executors, administrators, legal representatives and permitted successors and assigns.View More
Variations of a "Survival" Clause from Business Contracts
Survival. It is the express intention and agreement of the parties hereto Parties that the provisions of Sections 4(f), 4, 6, 6, 7, 8, 9, 7(c), 7(c), 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 22, 23, and 23 24 hereof and this Section 15 14 shall survive the termination of employment of the Executive. Executive, in accordance with the respective terms of such provisions. In addition, all obligations of the Company or the Parent to the Executive under applicable compensation benefit plans and programs ...and to make payments hereunder or settle equity awards granted thereunder shall survive any termination of this Agreement on Agreement, to the extent permitted by law, in accordance with the terms and conditions set forth herein.16. of such plans, programs and/or awards. -9- 14. Assignment. The rights and obligations of the parties Parties to this Agreement shall not be assignable or delegable, delegable except that (i) (a) in the event of the Executive's death, the personal representative or legatees or distributees of the Executive's estate, or the trustees of any trusts established under the Executive's will or by the Executive during his lifetime, as the case may be, shall have the right to receive any amount owing and unpaid to the Executive hereunder, hereunder and (ii) (b) the respective rights and obligations of the Company and the Parent hereunder shall be assignable and delegable in connection with any subsequent merger, consolidation, reorganization, sale of all or substantially all of the assets or equity interests of the Company or the Parent, or similar transaction involving the Company or the Parent or a successor entity. The to either of them. In connection with any assignment pursuant to clause (b) of the preceding sentence, the Parent and the Company shall require any such successor to the Parent or the Company or to their respective business and assets to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Parent and the Company would be required to perform it if no such succession had taken place.17. Binding Effect. Subject place; provided, for the avoidance of doubt, that no such express assumption and agreement shall be required where any such successor becomes subject to any provisions hereof restricting assignment, this Agreement by operation of law as part of any transaction described in the foregoing clause (b). As used in this Agreement, "Company" shall be binding upon the parties hereto and shall inure include any successor to the benefit of Company's business and/or assets and "Parent" shall include any successor to the parties and their respective heirs, devisees, executors, administrators, legal representatives and permitted successors and assigns. Parent's business and/or assets. View More
Survival. It is the express intention and agreement of the parties hereto Parties that the provisions of Sections 4(f), 7, 8, 9, 10, 12, 13, 14, 16, 17, 18, 20, 21 and 23 hereof and this Section 15 shall survive the termination of employment of the Executive. Executive, in accordance with the respective terms of such provisions. In addition, all obligations of the Company or the Parent to the Executive under applicable compensation benefit plans and programs and to make payments hereunder or settle equity... awards granted thereunder shall survive any termination of this Agreement on Agreement, to the extent permitted by law, in accordance with the terms and conditions set forth herein.16. of such plans, programs and/or awards. 9 14. Assignment. The rights and obligations of the parties Parties to this Agreement shall not be assignable or delegable, delegable except that (i) (a) in the event of the Executive's death, the personal representative or legatees or distributees of the Executive's estate, or the trustees of any trusts established under the Executive's will or by the Executive during his lifetime, as the case may be, shall have the right to receive any amount owing and unpaid to the Executive hereunder, hereunder and (ii) (b) the respective rights and obligations of the Company and the Parent hereunder shall be assignable and delegable in connection with any subsequent merger, consolidation, reorganization, sale of all or substantially all of the assets or equity interests of the Company or the Parent, or similar transaction involving the Company or the Parent or a successor entity. The to either of them. In connection with any assignment pursuant to clause (b) of the preceding sentence, the Parent and the Company shall require any such successor to the Parent or the Company or to their respective business and assets to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Parent and the Company would be required to perform it if no such succession had taken place.17. Binding Effect. Subject place; provided, for the avoidance of doubt, that no such express assumption and agreement shall be required where any such successor becomes subject to any provisions hereof restricting assignment, this Agreement by operation of law as part of any transaction described in the foregoing clause (b). As used in this Agreement, "Company" shall be binding upon the parties hereto and shall inure include any successor to the benefit of Company's business and/or assets and "Parent" shall include any successor to the parties and their respective heirs, devisees, executors, administrators, legal representatives and permitted successors and assigns. Parent's business and/or assets. View More
Survival. It is the express intention and agreement of the parties hereto Parties that the provisions of Sections 4(f), 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 22, 23, and 23 24 hereof and this Section 15 13 shall survive the termination of employment of the Executive. Executive, in accordance with the respective terms of such provisions. In addition, all obligations of the Company or the Parent to the Executive under applicable compensation benefit plans and programs and to make ...payments hereunder or settle equity awards granted thereunder shall survive any termination of this Agreement on Agreement, to the extent permitted by law, in accordance with the terms and conditions set forth herein.16. of such plans, programs and/or awards. 10 14. Assignment. The rights and obligations of the parties Parties to this Agreement shall not be assignable or delegable, delegable except that (i) (a) in the event of the Executive's death, the personal representative or legatees or distributees of the Executive's estate, or the trustees of any trusts established under the Executive's will or by the Executive during his lifetime, as the case may be, shall have the right to receive any amount owing and unpaid to the Executive hereunder, hereunder and (ii) (b) the respective rights and obligations of the Company and the Parent hereunder shall be assignable and delegable in connection with any subsequent merger, consolidation, reorganization, sale of all or substantially all of the assets or equity interests of the Company or the Parent, or similar transaction involving the Company or the Parent or a successor entity. The to either of them. In connection with any assignment pursuant to clause (b) of the preceding sentence, the Parent and the Company shall require any such successor to the Parent or the Company or to their respective business and assets to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Parent and the Company would be required to perform it if no such succession had taken place.17. Binding Effect. Subject place; provided, for the avoidance of doubt, that no such express assumption and agreement shall be required where any such successor becomes subject to any provisions hereof restricting assignment, this Agreement by operation of law as part of any transaction described in the foregoing clause (b). As used in this Agreement, "Company" shall be binding upon the parties hereto and shall inure include any successor to the benefit of Company's business and/or assets and "Parent" shall include any successor to the parties and their respective heirs, devisees, executors, administrators, legal representatives and permitted successors and assigns. Parent's business and/or assets. View More
Survival. It is the express intention and agreement of the parties hereto that the provisions of Sections 4(f), 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 22, and 23 hereof and this Section 15 13 (including the provisions of any Exhibit referred to in any such Sections) shall survive the termination of employment of the Executive. In addition, all obligations of the Company or the Parent to make payments or settle equity awards granted hereunder shall survive any termination of this ...Agreement on the terms and conditions set forth herein.16. herein. 26 14. Assignment. The rights and obligations of the parties to this Agreement shall not be assignable or delegable, delegable except that (i) in the event of the Executive's death, the personal representative or legatees or distributees of the Executive's estate, or the trustees of any trusts established under the Executive's will or by the executive during his lifetime, as the case may be, shall have the right to receive any amount owing and unpaid to the Executive hereunder, hereunder and (ii) the rights and obligations of the Company and the Parent hereunder shall be assignable and delegable in connection with any subsequent merger, consolidation, sale of all or substantially all of the assets or equity interests of the Company or the Parent, or similar transaction involving the Company or the Parent or a successor entity. The to either of them. Unless provided by applicable law, the Parent and the Company shall require any successor to the Parent or the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Parent and the Company would be required to perform it if no such succession had taken place.17. place. As used in this Agreement, "Company" shall mean the Company and any successor to its business and/or assets and "Parent" shall mean the Parent and any successor to its business and/or assets, each of which assumes and agrees to perform the duties and obligations of the Company and the Parent (as applicable) under this Agreement by operation of law or otherwise, including, without limitation, any assumption or assignment agreed upon in connection with the transactions contemplated by the Transaction Agreement by and among Tronox Incorporated, Tronox Limited, Concordia Acquisition Corporation, Exxaro Resources Limited, Exxaro Holdings Sands (Proprietary) Limited and Exxaro International BV, dated as of September 25, 2011, as amended from time to time. 27 15. Binding Effect. Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon the parties hereto and shall inure to the benefit of the parties and their respective heirs, devisees, executors, administrators, legal representatives and permitted representatives, successors and assigns. View More
Survival. It is the express intention and agreement of the parties hereto that the provisions of Sections 4(f), 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 21, 23, 24 and 23 25 hereof and this Section 15 14 shall survive the termination of employment of the Executive. Executive or the termination or expiration of the Employment Period. In addition, all obligations of the Company to make payments hereunder shall survive any termination expiration of this Agreement the Employment Period on th...e terms and conditions set forth herein.16. herein. 10 15. Assignment. The rights and obligations of the parties to this Agreement shall not be assignable or delegable, except that (i) in the event of the Executive's death, the personal representative or legatees or distributees of the Executive's estate, as the case may be, shall have the right to receive any amount owing and unpaid to the Executive hereunder, hereunder and (ii) the rights and obligations of the Company hereunder shall be assignable and delegable in connection with any subsequent merger, consolidation, sale of all or substantially all of the assets or equity interests of the Company or similar transaction involving the Company or a successor entity. The corporation. Unless provided by applicable law, the Company shall require any successor to the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.17. Binding Effect. Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon the parties hereto and shall inure to the benefit of the parties and their respective heirs, devisees, executors, administrators, legal representatives and permitted successors and assigns. place. View More
Survival. It is the express intention and agreement of the parties hereto that the provisions of Sections 4(f), 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 22 and 23 hereof and this Section 15 shall survive the termination of employment of the Executive. In addition, all obligations of the Company to make payments hereunder shall survive any termination of this Agreement on the terms and conditions set forth herein.16. 13 15. Assignment. The rights and obligations of the parties to this Agreem...ent shall not be assignable or delegable, except that (i) in the event of the Executive's death, the personal representative or legatees or distributees of the Executive's estate, as the case may be, shall have the right to receive any amount owing and unpaid to the Executive hereunder, hereunder and (ii) the rights and obligations of the Company hereunder shall be assignable and delegable in connection with any subsequent merger, consolidation, sale of all or substantially all of the assets or equity interests of the Company or similar transaction involving the Company or a successor entity. corporation. The Company shall require any successor to the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.17. Binding Effect. Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon the parties hereto and shall inure to the benefit of the parties and their respective heirs, devisees, executors, administrators, legal representatives and permitted successors and assigns. place. View More
Survival. It is the express intention and agreement of the parties hereto that the provisions of Sections 4(f), 7, 8, 9, 10, 12, 13, 14, 16, 17, 18, 20, 21 and 23 hereof and this Section 15 5 through 19 shall survive the termination of employment of the Executive. In addition, all obligations of the Company to make payments hereunder shall survive any termination of this Agreement on the terms and subject to the conditions set forth herein.16. Assignment. herein. 12 10. No Assignments. The rights and obli...gations of the parties to this Agreement shall not be assignable or delegable, except that (i) (a) in the event of the Executive's death, the personal representative or legatees or distributees of the Executive's estate, as the case may be, shall have the right to receive any amount owing and unpaid to the Executive hereunder, hereunder; and (ii) (b) the rights and obligations of the Company hereunder shall be assignable and delegable in connection with any subsequent merger, consolidation, sale of all or substantially all of the assets or equity interests of the Company Company, or similar transaction involving the Company or a successor entity. corporation. The Company shall require any successor to the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.17. Binding Effect. Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon the parties hereto and shall inure to the benefit of the parties and their respective heirs, devisees, executors, administrators, legal representatives and permitted successors and assigns. place. View More
Survival. It is the express intention and agreement of the parties hereto that the provisions of Sections 4(f), 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21 21, 23, 24 and 23 25 hereof and this Section 15 14 shall survive the termination of employment of the Executive. In addition, all obligations of the Company to make payments hereunder shall survive any termination of this Agreement on the terms and conditions set forth herein.16. herein. 7 15. Assignment. The rights and obligations of the p...arties to this Agreement shall not be assignable or delegable, except that (i) in the event of the Executive's death, the personal representative or legatees or distributees of the Executive's estate, as the case may be, shall have the right to receive any amount owing and unpaid to the Executive hereunder, hereunder and (ii) the rights and obligations of the Company hereunder shall be assignable and delegable in connection with any subsequent merger, consolidation, sale of all or substantially all of the assets or equity interests of the Company or similar transaction involving the Company or a successor entity. corporation. The Company shall require any successor to the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.17. Binding Effect. Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon the parties hereto and shall inure to the benefit of the parties and their respective heirs, devisees, executors, administrators, legal representatives and permitted successors and assigns. place. View More
Survival. It is the express intention and agreement of the parties hereto that the provisions of Sections 4(f), 7, 8, 9, 10, 12, 13, 14, 16, 17, 18, 20, 21 and 23 hereof and this Section 15 shall survive the termination of employment of the Executive. In addition, all obligations of the Company to make payments hereunder shall survive any termination of this Agreement on the terms and conditions set forth herein.16. herein. 11 16. Assignment. The rights and obligations of the parties to this Agreement sha...ll not be assignable or delegable, except that (i) in the event of the Executive's death, the personal representative or legatees or distributees of the Executive's estate, as the case may be, shall have the right to receive any amount owing and unpaid to the Executive hereunder, and (ii) the rights and obligations of the Company hereunder shall be assignable and delegable in connection with any subsequent merger, consolidation, sale of all or substantially all of the assets or equity interests of the Company or similar transaction involving the Company or a successor entity. entity, and (iii) the rights and obligations of the Company hereunder shall be assignable and delegable to AFG and/or AAC. The Company shall require any successor to the Company to expressly assume and agree to perform this Agreement in the same manner and to the same extent that the Company would be required to perform it if no such succession had taken place.17. Binding Effect. Subject to any provisions hereof restricting assignment, this Agreement shall be binding upon the parties hereto and shall inure to the benefit of the parties and their respective heirs, devisees, executors, administrators, legal representatives and permitted successors and assigns. place. View More