SEVERAL, NOT JOINT, OBLIGATIONS.
THE AGREEMENTS,
REPRESENTATIONS, AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT ARE, IN ALL
RESPECTS, SEVERAL AND NOT JOINT.
6.04.
PARTIES, SUCCESSION AND ASSIGNMENT.
THIS AGREEMENT
SHALL BE BINDING UPON, AND INURE TO THE BENEFIT OF, THE PARTIES AND THEIR
RESPECTIVE SUCCESSORS, ASSIGNS, HEIRS, EXECUTORS, ADMINISTRATORS AND
REPRESENTATIVES.
NO RIGHTS OR OBLIGATIONS OF ANY PARTY UNDER THIS AGREEMENT MAY
BE ASSIGNED OR TRANSFERRED TO ANY OTHER PERSON OR ENTITY EXCEPT AS OTHERWISE
CONTEMPLATED HEREIN.
NOTHING IN THIS AGREEMENT, EXPRESS OR IMPLIED, SHALL GIVE
TO ANY PERSON OR ENTITY, OTHER THAN THE PARTIES, ANY BENEFIT OR ANY LEGAL OR
EQUITABLE RIGHT, REMEDY OR CLAIM UNDER THIS AGREEMENT.
7
6.05.
NO THIRD-PARTY BENEFICIARIES.
THIS AGREEMENT SHALL
NOT CONFER ANY RIGHTS OR REMEDIES UPON ANY PERSON OTHER THAN THE PARTIES AND
THEIR RESPECTIVE SUCCESSORS AND PERMITTED ASSIGNS AS EXPRESSLY SET FORTH IN THIS
AGREEMENT.
6.06.
SPECIFIC PERFORMANCE.
EACH PARTY HERETO RECOGNIZES
AND ACKNOWLEDGES THAT A BREACH BY IT OF ANY COVENANTS OR AGREEMENTS CONTAINED IN
THIS AGREEMENT MAY CAUSE THE OTHER PARTIES TO SUSTAIN DAMAGES FOR WHICH SUCH
PARTIES WOULD NOT HAVE AN ADEQUATE REMEDY AT LAW FOR MONEY DAMAGES, AND
THEREFORE EACH PARTY HERETO AGREES THAT IN THE SOLE EVENT OF ANY BREACH THE
OTHER PARTIES SHALL BE ENTITLED TO SEEK THE REMEDY OF SPECIFIC PERFORMANCE OR
INJUNCTIVE RELIEF TO ENFORCE SUCH COVENANTS AND AGREEMENTS.
6.07.
REMEDIES CUMULATIVE.
ALL RIGHTS, POWERS, AND
REMEDIES PROVIDED UNDER THIS AGREEMENT OR OTHERWISE AVAILABLE IN RESPECT HEREOF
AT LAW OR IN EQUITY SHALL BE CUMULATIVE AND NOT ALTERNATIVE, AND THE EXERCISE OF
ANY RIGHT, POWER, OR REMEDY THEREOF BY ANY PARTY SHALL NOT PRECLUDE THE
SIMULTANEOUS OR LATER EXERCISE OF ANY OTHER SUCH RIGHT, POWER, OR REMEDY BY SUCH
PARTY.
6.08.
INTERPRETATION.
THIS AGREEMENT IS THE PRODUCT OF
NEGOTIATIONS BETWEEN THE PARTIES, AND THE ENFORCEMENT OR INTERPRETATION HEREOF
IS TO BE INTERPRETED IN A NEUTRAL MANNER, AND ANY PRESUMPTION WITH REGARD TO
INTERPRETATION FOR OR AGAINST ANY PARTY BY REASON OF THAT PARTY HAVING DRAFTED
OR CAUSED TO BE DRAFTED THIS AGREEMENT, OR ANY PORTION HEREOF, SHALL NOT BE
EFFECTIVE IN REGARD TO THE INTERPRETATION HEREOF.
6.09.
COUNTERPARTS.
THIS AGREEMENT MAY BE EXECUTED AND
DELIVERED IN ANY NUMBER OF COUNTERPARTS, EACH OF WHICH, WHEN EXECUTED AND
DELIVERED, SHALL BE DEEMED AN ORIGINAL, AND ALL OF WHICH TOGETHER SHALL
CONSTITUTE THE SAME AGREEMENT.
DELIVERY OF AN EXECUTED COPY OF THIS AGREEMENT
SHALL BE DEEMED TO BE A CERTIFICATION BY EACH PERSON EXECUTING THIS AGREEMENT ON
BEHALF OF A PARTY THAT SUCH PERSON AND PARTY HAS BEEN DULY AUTHORIZED AND
EMPOWERED TO EXECUTE AND DELIVER THIS AGREEMENT AND EACH OTHER PARTY MAY RELY ON
SUCH CERTIFICATION.
DELIVERY OF ANY EXECUTED SIGNATURE PAGE OF THIS AGREEMENT
BY TELECOPIER, FACSIMILE OR ELECTRONIC MAIL SHALL BE AS EFFECTIVE AS DELIVERY OF
A MANUALLY EXECUTED SIGNATURE PAGE OF THIS AGREEMENT.
6.10.
FURTHER ASSURANCES.
SUBJECT TO THE OTHER TERMS OF
THIS AGREEMENT, THE PARTIES AGREE TO EXECUTE AND DELIVER SUCH OTHER INSTRUMENTS
AND PERFORM SUCH ACTS, IN ADDITION