This excerpt taken from the VRSN 8-K filed Nov 23, 2005.
10.10 Successors and Assigns; Parties in Interest.
(a) This Agreement shall be binding upon: Seller and its successors and assigns (if any); Purchaser and its successors and assigns (if any) and Parent and its successors and assigns (if any). This Agreement shall inure to the benefit of: Seller; the Seller Indemnified Persons; Parent; Purchaser; the other Purchaser Indemnified Persons; and the respective successors and assigns (if any) of the foregoing.
(b) Purchaser may freely assign any or all of its rights under this Agreement, including its rights under Section 8, in whole or in part, to any other Person without obtaining the consent or approval of any other Person. Seller shall not be permitted to assign any of its rights or delegate any of its obligations under this Agreement without Purchasers prior written consent.
(c) Except for the provisions of Section 8 hereof, none of the provisions of this Agreement is intended to provide any rights or remedies to any Person other than the parties to this Agreement and their respective successors and assigns (if any). Without limiting the generality of the foregoing, no employee or creditor of Seller, including the Continuing Employees, shall have any rights under this Agreement or under any of the other Transactional Agreements.
10.11 Remedies Cumulative; Specific Performance. The rights and remedies of the parties hereto shall be cumulative (and not alternative). Each party agrees that: (a) in the event of any breach or threatened breach by the other party of any covenant, obligation or other provision set forth in this Agreement, such party shall be entitled (in addition to any other remedy that may be available to it) to: (i) a decree or order of specific performance or mandamus to enforce the observance and performance of such covenant, obligation or other provision; and (ii) an injunction restraining such breach or threatened breach; and (b) no Person shall be required to provide any bond or other security in connection with any such decree, order or injunction or in connection with any related Proceeding.
10.12 Waiver. No failure on the part of any Person to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Person in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy. No Person shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument duly executed and delivered on behalf of such Person; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
10.13 Amendments. This Agreement may not be amended, modified, altered or supplemented other than by means of a written instrument duly executed and delivered on behalf of Purchaser and Seller.
10.14 Severability. In the event that any provision of this Agreement, or the application of any such provision to any Person or set of circumstances, shall be determined to be invalid, unlawful, void or unenforceable to any extent, the remainder of this Agreement, and the application of such provision to Persons or circumstances other than those as to which it is determined to be invalid, unlawful, void or unenforceable, shall not be impaired or otherwise affected and shall continue to be valid and enforceable to the fullest extent permitted by law.
10.15 Entire Agreement. The Transactional Agreements set forth the entire understanding of the parties relating to the subject matter thereof and supersede all prior agreements and understandings among or between any of the parties relating to the subject matter thereof; provided, however, that neither (a) the Confidentiality Agreement, dated June 27, 2005 between Parent and Seller; nor (b) the Confidentiality Agreement, dated June 27, 2005 between Purchaser and Seller shall be superseded and each such agreement shall remain in full force and effect in accordance with its terms.
10.16 Disclosure Schedule. The Disclosure Schedule shall be arranged in separate parts corresponding to the numbered and lettered sections contained herein permitting such disclosure, and the information disclosed in any numbered or lettered part shall be deemed to relate to and to qualify only: (a) the particular representation or warranty or covenant set forth in the corresponding numbered or lettered section herein permitting such disclosure; and (b) any other representation and warranty set forth in Section 2 to the extent that it is reasonably apparent from the wording of such information that such information is intended to qualify such other representation and warranty.