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Mr Anthony Boswood QC and Mr Nigel Dougherty (instructed by Wragge & Co) for the Defendant Hearing dates: 9 December 2011 ____________________
(3) If the First Shares Board Resolution, the Option Shares Board Resolution or the EGM Resolutions were not passed within 22 Business Days from the First Payment Date for a reason other than the failure of DES-appointed directors to vote in their favour, then the First Consideration was to be repaid (clause 4.5).
Any notice or other communication to be given under or in connection with this Agreement (a "Notice") shall be:
14.1 No variation of this Agreement shall be effective unless it is in writing and signed by, or on behalf of, each of the Parties. The expression "variation" shall, in each case, include any variation, supplement, deletion or replacement however effected.
14.2 No waiver of this Agreement or of any provision hereof will be effective unless it is in writing and signed by both Parties.
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