BY ANY PARTY IN EXERCISING ANY RIGHT, POWER, OR REMEDY
HEREUNDER SHALL OPERATE AS A WAIVER THEREOF, NOR SHALL ANY SINGLE OR PARTIAL
EXERCISE THEREOF OR THE EXERCISE OF ANY OTHER RIGHT, POWER, OR REMEDY PRECLUDE
ANY FURTHER EXERCISE THEREOF OR THE EXERCISE OF ANY OTHER RIGHT, POWER, OR
REMEDY.
NO WAIVER OF ANY PROVISION HEREOF SHALL BE CONSTRUED AS A WAIVER OF ANY
OTHER PROVISION.
SECTION 6.10
ASSIGNMENT AND BINDING EFFECT.
(A)
SUBJECT TO SECTION 6.10(B), NO PARTY MAY ASSIGN ANY OF ITS RIGHTS
OR DELEGATE ANY OF ITS OBLIGATIONS UNDER THIS AGREEMENT WITHOUT (I) THE PRIOR
WRITTEN CONSENT OF THE OTHER PARTY AND (II) THE COMPLETE WRITTEN ASSUMPTION BY
THE ASSIGNEE OF ALL OF THE OBLIGATIONS OF THE ASSIGNOR UNDER THIS AGREEMENT.
ALL OF THE TERMS AND PROVISIONS OF THIS AGREEMENT SHALL BE BINDING ON, AND SHALL
INURE TO THE BENEFIT OF, THE RESPECTIVE SUCCESSORS AND PERMITTED ASSIGNS OF THE
PARTIES.
(B)
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THE PARTIES
ACKNOWLEDGE AND AGREE THAT (I) APEX SWEDEN MAY ASSIGN ITS RIGHTS AND OBLIGATIONS
HEREUNDER TO APEX LUXEMBOURG, AND (II) APEX LUXEMBOURG MAY THEN ASSIGN ITS
RIGHTS AND OBLIGATIONS HEREUNDER TO APEX.
SECTION 6.11
NO BENEFIT TO OTHERS.
EXCEPT AS EXPRESSLY SET FORTH
HEREIN, THE REPRESENTATIONS, WARRANTIES, COVENANTS, AND AGREEMENTS CONTAINED IN
THIS AGREEMENT ARE FOR THE SOLE BENEFIT OF THE PARTIES AND THEIR RESPECTIVE
SUCCESSORS AND PERMITTED ASSIGNS, AND THEY SHALL NOT BE CONSTRUED AS CONFERRING
AND ARE NOT INTENDED TO CONFER ANY RIGHTS, REMEDIES, OBLIGATIONS, OR LIABILITIES
ON ANY OTHER PERSON, UNLESS SUCH PERSON IS EXPRESSLY STATED HEREIN TO BE
ENTITLED TO ANY SUCH RIGHT, REMEDY, OBLIGATION, OR LIABILITY.
SECTION 6.12
NO CONSEQUENTIAL DAMAGES.
NO PARTY SHALL BE LIABLE
FOR ANY PUNITIVE, MULTIPLE, OR OTHER EXEMPLARY DAMAGE OR LOSS, OR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSS OR DAMAGE, LOST PROFITS, LOSS OF USE,
OR LOST REVENUES SUFFERED BY ANY OTHER PARTY ARISING FROM OR RELATING TO A
PARTY'S PERFORMANCE, NON-PERFORMANCE, BREACH OF, OR DEFAULT UNDER A COVENANT,
WARRANTY, REPRESENTATION, TERM, OR CONDITION OF THIS AGREEMENT.
EACH PARTY
WAIVES AND RELINQUISHES CLAIMS FOR SUCH PUNITIVE, MULTIPLE, EXEMPLARY, INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES, LOST PROFITS, LOSS OF
USE, OR LOST REVENUES.
THE LIMITATIONS ON LIABILITY AND DAMAGES SET FORTH IN
THIS SECTION 6.12 APPLY TO ALL CAUSES OF ACTION THAT MAY BE
15
ASSERTED HEREUNDER, WHETHER SOUNDING IN BREACH OF CONTRACT, BREACH OF WARRANTY,
TORT, PRODUCT LIABILITY, NEGLIGENCE, OR OTHERWISE.
SECTION 6.13
COUNTERPARTS.
THIS AGREEMENT MAY BE EXECUTED BY THE
PARTIES IN SEPARATE COUNTERPARTS, EACH OF WHICH WHEN SO EXECUTED AND DELIVERED
SHALL BE AN ORIGINAL, BUT ALL SUCH COUNTERPARTS SHALL TOGETHER CONSTITUTE ONE
AND THE SAME INSTRUMENT.
SECTION 6.14
INTERPRETATION.
(A)
AS USED HEREIN, EXCEPT AS OTHERWISE INDICATED HEREIN OR AS THE
CONTEXT MAY OTHERWISE REQUIRE: (I) THE WORDS "INCLUDE," "INCLUDES," AND
"INCLUDING" ARE DEEMED TO BE FOLLOWED BY "WITHOUT LIMITATION" WHETHER OR NOT
THEY ARE IN FACT FOLLOWED BY SUCH WORDS OR WORDS OF LIKE IMPORT; (II) THE WORDS
"HEREOF," "HEREIN," "HEREUNDER,"