From the Master Agreement
posted on
Oct 31, 2011 11:03AM
7.5 Notification. Patriot, TPL and Moore will promptly:
(a) notify the other parties in writing if it or he becomes aware of
any action, event, condition or circumstance, or group of actions, events,
conditions or circumstances, that results in, or could reasonably be expected to
result in, a Material Adverse Effect;
18
(b) notify the other parties in writing of the commencement of any
Proceeding by or against it or him, or of becoming aware of any claim, action,
suit, inquiry, proceeding, notice of violation, demand letter, subpoena,
government audit or disallowance that could be expected to result in a
Proceeding by or against it or him; and
(c) notify the other parties in writing of the occurrence of any
breach by it or him of any representation or warranty, or any covenant or
agreement, contained in this Agreement.
11.2 Amendments; No Waivers.
(a) Any provision of this Agreement may be amended or waived if, and
only if, such amendment or waiver is in writing and signed, in the case of an
amendment, by all parties hereto, or in the case of a waiver, by the party
against whom the waiver is to be effective; provided, however, that any
amendment or waiver to Section 11.9, Section 11.13, Section 11.14 or this
Section 11.12(a) or any other amendment or waiver with respect to this Agreement
of the agreements referenced herein that adversely affects Intel shall be
effective only if such written amendment or waiver also has been executed and
delivered by Intel
11.12 Specific Performance. The parties hereby acknowledge and agree that
the failure of any party to perform its agreements and covenants hereunder,
including its failure to take all actions as are necessary on its part to
consummate the agreements contemplated hereby, will cause irreparable injury to
the other party, for which damages, even if available, will not be an adequate
remedy. Accordingly, each party hereby consents to the issuance of injunctive
relief without bond by any court of competent jurisdiction to compel performance
of such party's obligations and to the granting by any court of the remedy of
specific performance of its obligations hereunder.