OF THE PARTIES.
9.10
TERMINATION.
THIS AGREEMENT MAY BE TERMINATED AT
ANY TIME BY A WRITTEN INSTRUMENT SIGNED BY ALL PARTIES HERETO.
9.11
ATTORNEYS' FEES.
IN ANY ACTION OR PROCEEDING
BROUGHT TO ENFORCE ANY PROVISION OF THIS AGREEMENT, OR WHERE ANY PROVISION
HEREOF IS VALIDLY ASSERTED AS A DEFENSE, THE
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SUCCESSFUL PARTY SHALL BE ENTITLED TO RECOVER REASONABLE ATTORNEYS' FEES
(INCLUDING ANY FEES INCURRED IN ANY APPEAL) IN ADDITION TO ITS COSTS AND
EXPENSES AND ANY OTHER AVAILABLE REMEDY.
9.12
NO THIRD PARTY BENEFICIARIES.
NOTHING HEREIN
EXPRESSED OR IMPLIED IS INTENDED TO CONFER UPON ANY PERSON, OTHER THAN THE
PARTIES HERETO OR THEIR RESPECTIVE PERMITTED ASSIGNS, SUCCESSORS, HEIRS AND
LEGAL REPRESENTATIVES, ANY RIGHTS, REMEDIES, OBLIGATIONS OR LIABILITIES UNDER OR
BY REASON OF THIS AGREEMENT.
9.13
FURTHER ASSURANCES.
EACH OF THE PARTIES HERETO
SHALL EXECUTE ALL SUCH FURTHER INSTRUMENTS AND DOCUMENTS AND TAKE ALL SUCH
FURTHER ACTION AS ANY OTHER PARTY HERETO MAY REASONABLY REQUIRE IN ORDER TO
EFFECTUATE THE TERMS AND PURPOSES OF THIS AGREEMENT.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties hereto have caused this Registration Rights
Agreement to be executed the day and year first above written.
GENAISSANCE
PHARMACEUTICALS, INC.
By:
/s/ Kevin Rakin
Name:
Kevin Rakin
Title:
President & CEO
RAM TRADING, LTD.
By:
/s/ James R. Park
Name:
James R. Park
Title:
VP Ritchie Capital Management, LLC
Investment Advisor to RAM Trading, Ltd.
Signature Page
to the
Registration Rights Agreement