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This excerpt taken from the EYE 10-Q filed Aug 9, 2006. 8.6. No
Assignment of Agreement. No Party hereto shall assign this Agreement without
first obtaining the written consent of the other Parties hereto; provided,
however, that consent shall not be required for any assignment of this Agreement
by the Parties to an Affiliate, nor shall consent be required for assignment by
a Party hereto by merger, sale or transfer of all or substantially all of the
assets of its phacoemulsification business, consolidation, or operation of law.
Notwithstanding the foregoing, the
provisions of this Agreement that are not yet fully performed at the time of
the assignment shall extend to and be binding upon the Parties hereto and their
successors and assigns; provided however, that after any assignment under this
21 paragraph 8.6, the obligation to engage in dispute resolution in accordance with Section VII shall only apply between any combination of original Parties and any Affiliates of the Parties with continuing obligations under the Agreement. |
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