Essential Elements Sample Clauses

Essential Elements consultation procedure and appropriate measures as regards human rights, democratic principles and the rule of law 1. Within the meaning of this Article, the term "Party" refers to the Community and the Member States of the European Union, of the one part, and each ACP State, of the other part.

Essential Elements. Customer and M&I acknowledge and agree that the limitations contained in this Article 13 are essential to this Agreement, and that M&I has expressly relied upon the inclusion of each and every provision of this Article 13 as a condition to executing this Agreement.

Essential Elements. Customer and Metavante acknowledge and agree that the limitations contained in this Article 9 are essential to this Agreement, and that Metavante has expressly relied upon the inclusion of each and every provision of this Article g as a condition to executing this Agreement.

Essential Elements. THE PARTIES ACKNOWLEDGE THAT THE FOREGOING DISCLAIMER AND LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THIS AGREEMENT.

Essential Elements. Both Datascope and Masimo acknowledge that the covenants set forth in this Section are essential elements of this Agreement and that, but for the agreement of both to comply with such covenants, this Agreement would not have been entered into and that neither will have an adequate remedy at law if the other breaches the term of the covenants. Therefore, in the event of any breach or threatened right, in addition to any other rights it may have, it shall have the right to obtain in any court of competent jurisdiction injunctive relief to restrain any breach or threatened breach.

Essential Elements. Administrative activity that is related to the operational or organizational aspects of delivering any health- related educational program.

Essential Elements. The Parties acknowledge that the Fees, limitations of liability, waivers, and ▇▇▇▇▇▇▇▇’s express waiver in Section 5.8 (Intellectual Property Waiver) for the license granted hereunder and the Company’s provision of Services reflect the allocation of risk between the Parties, are essential elements of the basis of the bargain between the Parties and absent such provisions, including the limitation of liability, the economic terms would be substantially different.

Essential Elements. The essential element in an agreement is an element that must always be present in an agreement, an absolute element, without which the agreement would not be possible.

Essential Elements. It is understood and agreed by and between the parties hereto that the restrictive covenants set forth in paragraphs A through C above are essential elements of this Agreement and that, but for the agreement of Employee to comply with such covenants, Employer would not have agreed to enter into this Agreement. Such covenants by Employee shall be construed as agreements independent of any other provisions of this Agreement and the existence of any claim or cause of action of Employee against Employer, whether predicated on this Agreement or otherwise, shall not constitute a defense to the enforcement of such covenants by Employer.