MASTER ASSET PURCHASE AGREEMENT BY ... - Canadian Stocks
MASTER ASSET PURCHASE AGREEMENT BY ... - Canadian Stocks
MASTER ASSET PURCHASE AGREEMENT BY ... - Canadian Stocks
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(b) If to Buyer:<br />
Finning International Inc.<br />
10th Floor, 666 Burrard Street<br />
Vancouver, BC V6C 2X8<br />
Attn: David Smith<br />
Facsimile: +1 (604) 691-6254<br />
E-mail: david.s.smith@finning.com<br />
with copies (which shall not constitute notice) to:<br />
Finning International Inc.<br />
10 th Floor, 666 Burrard Street<br />
Vancouver, BC V6C 2X8<br />
Attn: Gail Sexsmith<br />
Facsimile: +1 (604) 691-6440<br />
E-mail: Gail.Sexsmith@finning.com<br />
or such other address as any Party may from time to time specify by written notice to the other<br />
Party. Any Party may change the address to which notices, requests, demands, claims and other<br />
communications hereunder are to be delivered by giving the other Party notice in the manner<br />
herein set forth.<br />
14.07 Applicable Law. This Agreement shall in all respects be governed by, and<br />
construed in accordance with, the laws of the State of New York without giving effect to any<br />
conflicts of law principles of such state that might refer the governance, construction or<br />
interpretation of such agreements to the laws of another jurisdiction. Each Party to this<br />
Agreement irrevocably waives the right to a trial by jury in connection with any matter arising<br />
out of this Agreement.<br />
14.08 Amendments and Waivers. This Agreement may be altered, amended or<br />
modified in whole or in part at any time only by a writing signed by all the Parties. No waiver<br />
of any of the provisions of this Agreement shall be deemed, or shall constitute, a waiver of any<br />
other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No<br />
waiver shall be binding unless executed in writing by the Party making the waiver.<br />
14.09 Severability. In the event that any provision hereof is held to be illegal, invalid or<br />
unenforceable in any respect, such provision shall (to the extent permitted by Legal<br />
Requirement) be construed by modifying or limiting it so as to be legal, valid and enforceable to<br />
the maximum extent compatible with, and possible under, applicable legal requirements. The<br />
provisions hereof are severable, and in the event any provision hereof should be held illegal,<br />
invalid or unenforceable in any respect, it shall not invalidate, render unenforceable or<br />
otherwise affect any other provision hereof.<br />
C2-13<br />
Exhibit C-2<br />
Form of Initial Closing TSA - Seller
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