THE INTENDED ADDRESSEE THAT HE OR SHE WILL NOT BE ABLE TO RETRIEVE E-MAIL
DUE TO VACATION, OTHER ABSENCE FROM THE OFFICE, SYSTEM FAILURE OR OTHER REASON.
ALL SUCH NOTICES SHALL BE DELIVERED TO THE PARTIES AS SET FORTH ON SCHEDULE I
HEREOF.
ALL NOTICES AND OTHER COMMUNICATIONS GIVEN TO ANY PARTY HERETO IN
ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT SHALL BE DEEMED TO HAVE BEEN
GIVEN ON THE DATE OF RECEIPT.
SECTION 6.02
AMENDMENTS, WAIVERS.
(A)
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, NO AMENDMENT
OR WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL IN ANY EVENT BE EFFECTIVE
UNLESS THE SAME SHALL BE IN WRITING AND SIGNED BY THE PARTIES HERETO.
(B)
THE SELLER AND THE PURCHASER MAY AMEND ANY PROVISION OF THIS
AGREEMENT TO EFFECTUATE THE DIVISION OF ANY KENNETT NOTES HELD BY THE SELLER
INTO PAID AND UNPAID PORTIONS AND THE SURRENDER OF THE PAID PORTION.
(C)
EACH SUCH AMENDMENT, WAIVER OR CONSENT SHALL BE EFFECTIVE
ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE FOR WHICH GIVEN.
A
FAILURE OR DELAY IN EXERCISING ANY RIGHT, POWER OR PRIVILEGE WITH RESPECT TO
THIS AGREEMENT WILL NOT BE
5
PRESUMED TO OPERATE AS A WAIVER, AND A SINGLE OR PARTIAL EXERCISE OF ANY RIGHT,
POWER OR PRIVILEGE WILL NOT BE PRESUMED TO PRECLUDE ANY SUBSEQUENT OR FURTHER
EXERCISE OF THAT RIGHT, POWER OR PRIVILEGE OR THE EXERCISE OF ANY OTHER RIGHT,
POWER OR PRIVILEGE.
SECTION 6.03
SUCCESSORS AND ASSIGNS; THIRD PARTY
BENEFICIARIES.
THE PROVISIONS OF THIS AGREEMENT SHALL BE BINDING UPON AND INURE
TO THE BENEFIT OF THE PARTIES HERETO AND THEIR RESPECTIVE SUCCESSORS.
THIS
AGREEMENT SHALL NOT BE TRANSFERRED OR ASSIGNED UNDER ANY CIRCUMSTANCES.
NOTHING
IN THIS AGREEMENT, EXPRESSED OR IMPLIED, SHALL BE CONSTRUED TO CONFER UPON ANY
PERSON (OTHER THAN THE PARTIES HERETO AND THEIR RESPECTIVE SUCCESSORS AND
PERMITTED TRANSFEREES) ANY LEGAL OR EQUITABLE RIGHT, REMEDY OR CLAIM UNDER OR BY
REASON OF THIS AGREEMENT.
SECTION 6.04
SEVERABILITY.
ANY PROVISION OF THIS
AGREEMENT HELD TO BE INVALID, ILLEGAL OR UNENFORCEABLE IN ANY JURISDICTION
SHALL, AS TO SUCH JURISDICTION, BE INEFFECTIVE TO THE EXTENT OF SUCH INVALIDITY,
ILLEGALITY OR UNENFORCEABILITY WITHOUT AFFECTING THE VALIDITY, LEGALITY AND
ENFORCEABILITY OF THE REMAINING PROVISIONS HEREOF; AND THE INVALIDITY OF A
PARTICULAR PROVISION IN A PARTICULAR JURISDICTION SHALL NOT INVALIDATE SUCH
PROVISION IN ANY OTHER JURISDICTION.
SECTION 6.05
BINDING EFFECT.
THIS AGREEMENT
SHALL REMAIN IN FULL FORCE AND EFFECT UNTIL SUCH TIME AS ALL OF THE KENNETT
NOTES ISSUED BY THE PURCHASER SHALL HAVE BEEN REPAID IN FULL AND CANCELLED.
SECTION 6.06
GOVERNING LAW; CONSENT TO
JURISDICTION.
THIS AGREEMENT SHALL IN ALL RESPECTS BE GOVERNED BY AND CONSTRUED
IN ACCORDANCE WITH THE LAWS OF THE STATE OF ILLINOIS.
SECTION 6.07
EXECUTION IN COUNTERPARTS.
THIS
AGREEMENT MAY BE EXECUTED IN ANY NUMBER OF COUNTERPARTS AND BY DIFFERENT PARTIES
HERETO IN SEPARATE COUNTERPARTS, EACH OF WHICH WHEN SO EXECUTED SHALL BE DEEMED
TO BE AN ORIGINAL AND ALL OF WHICH WHEN TAKEN TOGETHER SHALL CONSTITUTE ONE AND
THE SAME AGREEMENT.