Seagate 2010 Annual Report Download - page 212

11.12
Seller Disclosure Schedules . The section and subsection references in the Seller Disclosure Schedules shall update, modify,
amend and supplement the corresponding section or subsection of this Agreement to which the disclosure relates and any other section or
subsection of this Agreement (other than Section 1 hereof) to which it is reasonably apparent that such disclosure relates. At any time prior to the
Closing, the Seller may update, modify, amend and supplement the Seller Disclosure Schedules subject to the prior written consent (not to be
unreasonably withheld) of the Purchaser with any additional information necessary to make such disclosures accurate and complete in all
material respects; provided that such updated disclosures shall be deemed to update, modify, amend and supplement all representations,
warranties, covenants and other provisions to which such disclosures relate for all purposes hereunder, including for purposes of Section 9.1 of
this Agreement. At any time within fourteen (14) days after the Agreement Date, the Purchaser may request specific changes to or modifications
of the Seller Disclosure Schedules by giving a written request to the Seller, in which case the Seller shall have a right to consent in writing to
such changes or modification which consent shall not be unreasonably withheld. If the Seller so consents, it shall update and modify the Seller
Disclosure Schedules as necessary. The inclusion of any information in the Seller Disclosure Schedules or other documents made available or
delivered by the Seller pursuant to this Agreement shall be not be deemed to be an admission or evidence of the materiality of such item, nor
shall it establish a standard of materiality for any purpose whatsoever.
11.13
Construction; Usage .
(a)
Interpretation . In this Agreement, unless a clear contrary intention appears:
(i)
the singular number includes the plural number and vice versa;
(ii)
reference to any Person includes such Person’s successors and assigns but, if applicable, only if such successors
and assigns are not prohibited
49
Arthur Cox Building
Earlsfort Centre, Earlsfort Terrace
Dublin 2, Ireland
Fax no.:
+1
-
831
-
439
-
2547/+1
-
831
-
439
-
2545
Attention:
Kenneth Massaroni
Patrick O
’
Malley III
with a mandatory copy to (which copy shall not constitute notice):
Wilson Sonsini Goodrich & Rosati
Professional Corporation
650 Page Mill Road
Palo Alto, California 94304
United States of America
Fax No.:
+1
-
650
-
493
-
6811
Attention:
Larry W. Sonsini
Mark B. Baudler