Common use of Materiality Defined Clause in Contracts

Materiality Defined. For purposes of this Agreement, each reference to any material adverse effect upon the financial condition, operation, or prospects of the Software Business (including under ownership by Buyer) or the Assets, or any other reference to a material item or circumstance, shall be construed to include any act, omission, event, or circumstances that would entail loss, liability, damage, or expense to Buyer (with respect to the rights and benefits expected by Buyer to be obtained under this Agreement) of $5,000 in any single instance, whether under one or more representations, warranties, covenants, or agreements contained herein, or $25,000 in the aggregate, taken as a whole under all representations, warranties, covenants, and agreements contained herein.

Materiality Defined. For purposes of this Agreement, each reference to any material adverse effect upon the financial condition, operation, or prospects of the Software Business Projects (including under ownership by Buyer) or the Acquired Assets, or any other reference to a material item or circumstance, shall be construed to include any act, omission, event, or circumstances that would entail loss, liability, damage, or expense to Buyer (with respect to the rights and benefits expected by Buyer to be obtained under this Agreement) of $5,000 .50,000 in any single instance, whether under one or more representations, warranties, covenants, or agreements contained herein, or $25,000 200,000 in the aggregate, taken as a whole under all representations, warranties, covenants, and agreements contained herein.