Survival Contract Clauses (6,236)

Grouped Into 200 Collections of Similar Clauses From Business Contracts

This page contains Survival clauses in business contracts and legal agreements. We have organized these clauses into groups of similarly worded clauses.
Survival. Upon the expiration or other termination of this Agreement, the respective rights and obligations of the parties hereto shall survive such expiration or other termination to the extent necessary to carry out the intentions of the parties under this Agreement. Acknowledgement of Full Understanding. THE EXECUTIVE ACKNOWLEDGES AND AGREES THAT THE EXECUTIVE HAS FULLY READ, UNDERSTANDS AND VOLUNTARILY ENTERS INTO THIS AGREEMENT. THE EXECUTIVE ACKNOWLEDGES AND AGREES THAT THE EXECUTIVE HAS HAD AN OPPO...RTUNITY TO ASK QUESTIONS AND CONSULT WITH AN ATTORNEY OF THE EXECUTIVE'S CHOICE BEFORE SIGNING THIS AGREEMENT. View More
Survival. Upon the expiration or other termination of this Agreement, the respective rights and obligations of the parties Parties hereto shall survive such expiration or other termination to the extent necessary to carry out the intentions of the parties Parties under this Agreement. Acknowledgement of Full Understanding. Agreement or as otherwise specifically set forth herein. 17 26. ACKNOWLEDGMENT OF FULL UNDERSTANDING. THE EXECUTIVE ACKNOWLEDGES AND AGREES THAT THE EXECUTIVE HE HAS FULLY READ, UNDERST...ANDS AND VOLUNTARILY ENTERS INTO THIS AGREEMENT. THE EXECUTIVE ACKNOWLEDGES AND AGREES THAT THE EXECUTIVE HE HAS HAD AN OPPORTUNITY TO ASK QUESTIONS AND CONSULT WITH AN ATTORNEY OF THE EXECUTIVE'S HIS CHOICE BEFORE SIGNING THIS AGREEMENT. View More
Survival. Upon the expiration or other termination of this Agreement, the respective rights and obligations of the parties hereto shall survive such expiration or other termination to the extent necessary to carry out the intentions of the parties under this Agreement. 10 25. Acknowledgement of Full Understanding. THE EXECUTIVE ACKNOWLEDGES AND AGREES THAT THE EXECUTIVE HE/SHE HAS FULLY READ, UNDERSTANDS AND VOLUNTARILY ENTERS INTO THIS AGREEMENT. THE EXECUTIVE ACKNOWLEDGES AND AGREES THAT THE EXECUTIVE H...E/SHE HAS HAD AN OPPORTUNITY TO ASK QUESTIONS AND CONSULT WITH AN ATTORNEY OF THE EXECUTIVE'S HIS OR HER CHOICE BEFORE SIGNING THIS AGREEMENT. View More
Survival. Upon the expiration or other termination of this Agreement, the respective rights and obligations of the parties hereto shall will survive such expiration or other termination to the extent necessary to carry out the intentions of the parties under this Agreement. Acknowledgement 9 23. Acknowledgment of Full Understanding. THE EXECUTIVE AGREES AND ACKNOWLEDGES AND AGREES THAT THE EXECUTIVE HAS FULLY READ, UNDERSTANDS AND VOLUNTARILY ENTERS INTO THIS AGREEMENT. THE EXECUTIVE ACKNOWLEDGES AND AGRE...ES THAT THE EXECUTIVE HAS HAD AN OPPORTUNITY TO ASK QUESTIONS AND CONSULT WITH AN ATTORNEY OF THE EXECUTIVE'S CHOICE BEFORE SIGNING THIS AGREEMENT. View More
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Survival. The Executive agrees that his obligations under Sections 5, 6, 8 and 9 of this Agreement shall survive the termination of his employment or the Agreement Term, regardless of the reason for such termination.
Survival. The Executive agrees Parties agree that his the obligations under Sections 5, 6, 8 and 9 of this Agreement shall survive the termination of his employment or the Agreement Term, Executive's employment, regardless of the reason for such termination.
Survival. The Executive agrees that his her obligations under Sections 5, 6, 8 5 and 9 6 of this Agreement shall survive the termination of his her employment or the Agreement Term, regardless of the reason for such termination.
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Survival. The rights and obligations of the parties under the provisions of this Agreement shall survive, and remain binding and enforceable, notwithstanding the expiration of the Term, the termination of this Agreement, the termination of Executive's employment hereunder or any settlement of the financial rights and obligations arising from Executive's employment hereunder, to the extent necessary to preserve the intended benefits of such provisions.
Survival. The rights and obligations of the parties under the provisions of this Agreement shall survive, and remain binding and enforceable, notwithstanding the expiration of the Term, the termination .termination of this Agreement, the termination of Executive's employment hereunder or any settlement of the financial rights and obligations arising from Executive's employment hereunder, to the extent necessary to preserve the intended benefits of such provisions.
Survival. The rights and obligations of the parties under the provisions of this Agreement (including without limitation, Sections 7 through 12 and Sections 14 and 18) shall survive, and remain binding and enforceable, notwithstanding the expiration of the Term, the termination of this Agreement, the termination of Executive's employment hereunder or any settlement of the financial rights and obligations arising from Executive's employment hereunder, to the extent necessary to preserve the intended benefi...ts of such provisions. View More
Survival. The rights and obligations of the parties under the provisions of this Agreement that relate to post-termination obligations shall survive, survive and remain binding and enforceable, notwithstanding the expiration of the Term, the termination term of this Agreement, the termination of Executive's employment hereunder with the Company for any reason or any settlement of the financial rights and obligations arising from Executive's employment hereunder, to the extent necessary to preserve the int...ended benefits of such provisions. View More
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Survival. (a) The obligations of the parties to pay any costs and expenses hereunder and to provide indemnification and contribution as provided herein shall survive any termination hereunder. In addition, the provisions of Sections 8 through 16 shall survive the sale of the Series A Preferred Shares or any termination of the Offering hereunder. 24 (b) The respective indemnities, covenants, representations, warranties and other statements of the Company and the Placement Agent set forth in or made pursuan...t to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of, and regardless of any access to information by, the Company or the Placement Agent, or any of their officers or directors or any controlling person thereof, and will survive the sale of the Series A Preferred Shares or any termination of the Offering hereunder for a period of four years from the earlier to occur of the Final Closing or the termination of the Offering. View More
Survival. (a) The obligations of the parties to pay any costs and expenses hereunder and to provide indemnification and contribution as provided herein shall survive any termination hereunder. In addition, the provisions of Sections 8 through 16 shall survive the sale of the Series A Preferred Shares or any termination of the Offering hereunder. 24 hereunder, and the provisions of Sections 3(d) and 3(e) shall survive the sale of the Shares or any termination of the Offering (other than a termination under... Section 10(b). (b) The respective indemnities, covenants, representations, warranties and other statements of the Company and the Placement 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, and regardless of any access to information by, the Company or the Placement Agent, or any of their respective officers or directors or any controlling person thereof, and will survive the sale of the Series A Preferred Shares or any termination of the Offering hereunder for a period of four two (2) years from the earlier to occur of the Final Closing or the termination of the Offering. View More
Survival. (a) The obligations of the parties to pay any costs and expenses hereunder and to provide indemnification and contribution as provided herein shall survive any termination hereunder. In addition, the provisions of Sections 3(d), 3(f) (only following a termination after the First Closing) and 8 through 16 shall survive the sale of the Series A Preferred Shares Units or any termination of the Offering hereunder. 24 -31- (b) The respective indemnities, covenants, representations, warranties and oth...er statements of the Company Issuer, OPCO and the Placement 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, and regardless of any access to information by, the Company Issuer, OPCO or the Placement Agent, or any of their officers or directors or any controlling person thereof, and will survive the sale of the Series A Preferred Shares Units or any termination of the Offering hereunder for a period of four two (2) years from the earlier to occur of the Final Closing or the termination of the Offering. View More
Survival. (a) The obligations of the parties to pay any costs and expenses hereunder and to provide indemnification and contribution as provided herein shall survive any termination hereunder. In addition, the provisions of Sections 8 2, and 7 through 16 19 shall survive the sale of the Series A Preferred Shares Securities or any termination of the Offering hereunder. 24 (b) The respective indemnities, covenants, representations, warranties and other statements of the Company and the Placement Agent set f...orth in or made pursuant to this Agreement will remain in full force and effect, regardless of any investigation made by or on behalf of, and regardless of any access to information by, by the Company or the Placement Agent, or any of their its officers or directors or any controlling person thereof, and will survive the sale of the Series A Preferred Shares Securities or any termination of the Offering hereunder for a period of four years from the earlier to occur of the Final Closing or the termination of the Offering. hereunder. View More
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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
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 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), 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
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Survival. The respective representations, warranties, agreements, covenants, indemnities and other statements of the Company, the Guarantors, their respective officers, and the several Initial Purchasers set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of the Company, the Guarantors, their respective officers or directors or any controlling person referred to... in Section 8 hereof or any Initial Purchaser and (ii) delivery of and payment for the Notes. The respective agreements, covenants, indemnities and other statements set forth in Sections 5, 8, 9, 13, 14, 15 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement. View More
Survival. The respective representations, warranties, agreements, covenants, indemnities and other statements of the Company, the Guarantors, their respective officers, and the several Initial Purchasers Underwriters set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of the Company, the Guarantors, their respective officers or directors or any controlling perso...n referred to in Section 8 6 hereof or any Initial Purchaser Underwriter and (ii) delivery of and payment for the Notes. The respective agreements, covenants, indemnities and other statements set forth in Sections 5, 8, 9, 13, 14, 15 4 and 16 6 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement. View More
Survival. The respective representations, warranties, agreements, covenants, indemnities indemnities, rights of contribution and other statements of the Company, Issuers, the Guarantors, their respective officers, and the several Initial Purchasers Underwriters set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of the Company, Underwriters, the Issuers, the Gua...rantors, their respective affiliates, officers or directors or any controlling person referred to in Section 8 7 hereof or any Initial Purchaser and (ii) delivery of and payment for the Notes. The respective agreements, covenants, indemnities indemnities, rights of contribution and other statements set forth in Sections 5, 7, 8, 9, 11, 12, 13, 14, 14 and 15 and 16 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement. View More
Survival. The respective representations, warranties, agreements, covenants, indemnities and other statements of the Company, Issuers, the Guarantors, their respective officers, and the several Initial Purchasers set forth in this Agreement or made by or on behalf of them, respectively, pursuant to this Agreement shall remain in full force and effect, regardless of (i) any investigation made by or on behalf of the Company, Issuers, the Guarantors, their respective officers or directors or any controlling ...person referred to in Section 8 7 hereof or any Initial Purchaser and (ii) delivery of and payment for the Notes. The respective agreements, covenants, indemnities and other statements set forth in Sections 5, 8, 9, 13, 14, 15 5 and 16 7 hereof shall remain in full force and effect, regardless of any termination or cancellation of this Agreement. View More
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Survival. The respective rights and obligations of the parties under this Agreement (including, but not limited to, under Sections 14, 15 and 16) shall survive any termination of the Executive's employment or termination or expiration of this Agreement to the extent necessary to the intended preservation of such rights and obligations.
Survival. The respective rights and obligations of the parties under this Agreement (including, but not limited to, under (including Sections 14, 15 14 and 16) 15) shall survive any termination of the Executive's employment or termination or expiration of this Agreement to the extent necessary to the intended preservation of such rights and obligations.
Survival. The respective rights and obligations of the parties under this Agreement (including, but not limited to, under Sections 14, 15 8 and 16) 9) shall survive any termination of the Executive's employment or termination or expiration of this Agreement to the extent necessary to the intended preservation of such rights and obligations.
Survival. The respective rights and obligations of the parties under this Agreement (including, Agreement, including, but not limited to, under Sections 14, 15 14 and 16) 15, shall survive any termination of the Executive's employment or termination or expiration of this Agreement to the extent necessary to the intended preservation of such rights and obligations.
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Survival. The obligations of the Executive pursuant to Sections 5, 6, 7, 8 and 9 will survive the termination of the employment of the Executive hereunder for the period designated under each of those respective sections.
Survival. The obligations of the Executive Employee pursuant to Sections 5, 6, 7, 8 and 9 will survive the termination of the employment of the Executive Employee hereunder for the period designated under each of those respective sections.
Survival. The obligations of the Executive pursuant to Sections 5, 6, 7, 8 and 9 will shall survive the termination of the employment of the Executive hereunder for the period designated under each of those respective sections.
Survival. The obligations of the Executive pursuant to Sections 5, 6, 7, 8 Section 5 and 9 will Section 6 shall survive the termination of the employment of the Executive hereunder for the period designated under each of those respective sections.
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Survival. Notwithstanding the termination of this Agreement pursuant to Section 5 hereof, the agreements and obligations of the Parties in this Section 13, and Sections 5(d), 8, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, and 21 hereof (and any defined terms used in any such Sections) shall survive such termination and shall continue in full force and effect in accordance with the terms hereof; provided, however, that any liability of a Party for failure to comply with the terms of this Agreement shall surviv...e such termination. View More
Survival. Notwithstanding the termination of this Agreement pursuant to Section 5 hereof, the agreements and obligations of the Parties in this Section 13, and Sections 5(d), 4(b), 5(d)5(f), 8, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, and 21 20 hereof (and any defined terms used in any such Sections) shall survive such termination and shall continue in full force and effect in accordance with the terms hereof; provided, however, that any liability of a Party for failure to comply with the terms of this Agr...eement shall survive such termination. View More
Survival. Notwithstanding the termination of this Agreement pursuant to Section 5 hereof, the agreements and obligations of the Parties set forth in this Section 13, and Sections 5(d), the following Sections: 5(f), 7, 8, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, and 21 hereof (and any defined terms used in any such Sections) shall survive such termination and shall continue in full force and effect in accordance with the terms hereof; provided, however, that any liability of a Party for failure to comply wi...th the terms of this Agreement shall survive such termination. View More
Survival. Notwithstanding the termination of this Agreement pursuant to Section 5 hereof, the agreements and obligations of the Parties in this Section 13, and Sections 5(d), 4(b), 5(f), 7, 8, 10, 10 (with respect to the redacted information), 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 hereof 20 (and any defined terms used in any such Sections) shall survive such termination and shall continue in full force and effect in accordance with the terms hereof; provided, however, that any liability of a Part...y for failure to comply with the terms of this Agreement shall survive such termination. View More
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Survival. The respective indemnities and agreements of the Issuers, the Guarantors and the Initial Purchasers contained in Section 8 of this Agreement or made by or on behalf of them, respectively, pursuant to Section 8 of this Agreement, shall survive the delivery of and payment for the Notes and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them. In addition, any covenants or agreements that by their terms are ...to be performed subsequent to the delivery of and payment for the Notes shall survive such delivery and payment. Except as expressly provided above, all of the parties' respective representations, warranties, covenants and agreements in this Agreement shall terminate upon the delivery of and payment for the Notes. 33 16. Definition of the Terms "Business Day", "Affiliate", and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading, and (b) "affiliate" and "subsidiary" have the meanings set forth in Rule 405 under the Securities Act. View More
Survival. The respective indemnities and agreements of the Issuers, the Guarantors and the Initial Purchasers contained in Section 8 of this Agreement or made by or on behalf of them, respectively, pursuant to Section 8 of this Agreement, shall survive the delivery of and payment for the Notes and shall remain in full force and effect, regardless of any investigation made by or on behalf of any of them or any person controlling any of them. In addition, any covenants or agreements that by their terms are ...to be performed subsequent to the delivery of and payment for the Notes shall survive such delivery and payment. Except as expressly provided above, all of the parties' respective representations, warranties, covenants and agreements in this Agreement shall terminate upon the delivery of and payment for the Notes. 33 16. Definition of the Terms "Business Day", "Affiliate", and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading, and (b) "affiliate" and "subsidiary" have the meanings set forth in Rule 405 under the Securities Act. View More
Survival. The respective indemnities indemnities, rights of contribution, representations, warranties and agreements of any of the Issuers, the Guarantors Planet Fitness Parties and the Initial Purchasers contained in Section 8 of this Agreement or made by or on behalf of them, respectively, pursuant to Section 8 of this Agreement, shall survive the delivery of and payment for the Offered Notes and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation ...made by or on behalf of any of them or any person controlling any of them. In addition, any covenants or agreements that by their terms are to be performed subsequent to the delivery of and payment for the Notes shall survive such delivery and payment. Except as expressly provided above, all of the parties' respective representations, warranties, covenants and agreements in this Agreement shall terminate upon the delivery of and payment for the Notes. 33 42 16. Definition of the Terms "Business Day", "Affiliate", Day," "Affiliate," and "Subsidiary". "Subsidiary." For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading, and (b) "affiliate" and "subsidiary" have the meanings set forth in Rule 405 under the Securities 1933 Act. View More
Survival. The respective indemnities indemnities, rights of contribution, representations, warranties and agreements of any of the Issuers, the Guarantors Domino's Parties and the Initial Purchasers contained in Section 8 of this Agreement or made by or on behalf of them, respectively, pursuant to Section 8 of this Agreement, shall survive the delivery of and payment for the Offered Notes and shall remain in full force and effect, regardless of any termination of this Agreement or any investigation made b...y or on behalf of any of them or any person controlling any of them. In addition, any covenants or agreements that by their terms are to be performed subsequent to the delivery of and payment for the Notes shall survive such delivery and payment. Except as expressly provided above, all of the parties' respective representations, warranties, covenants and agreements in this Agreement shall terminate upon the delivery of and payment for the Notes. 33 16. 41 15. Definition of the Terms "Business Day", "Affiliate", and "Subsidiary". For purposes of this Agreement, (a) "business day" means any day on which the New York Stock Exchange, Inc. is open for trading, and (b) "affiliate" and "subsidiary" have the meanings set forth in Rule 405 under the Securities 1933 Act. View More
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