Materiality of Terms Clause Samples

The Materiality of Terms clause defines which provisions of a contract are considered essential to the agreement. In practice, this clause identifies specific terms whose breach would be deemed significant enough to justify remedies such as termination or damages. By distinguishing material terms from minor ones, it helps ensure that only substantial violations trigger serious consequences, thereby providing clarity and reducing disputes over less important breaches.
Materiality of Terms. The Parties have negotiated all the terms and conditions of this Agreement at arms’ length. All terms and conditions of this Agreement in the exact form set forth in this Agreement are material to this Agreement and have been relied upon by the Parties in entering into this Agreement, unless otherwise expressly stated.
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Materiality of Terms. Except as otherwise stated herein, each substantive 12 term of this Agreement is a material term that the Parties have relied upon in making this Agreement. If 13 the Court does not approve any substantive term, or if the Court effects a material change to the 14 Agreement—such as increasing any amount that Defendant must pay—then the entire Agreement will 15 be, at Defendant’s sole discretion, void and unenforceable. Where this Agreement states that a term is 16 not material, then the Court’s refusal to approve that term leaves all the other terms of the Agreement in 17 effect, and does not give Class Counsel or any Class Member any basis to abrogate this Agreement.
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Materiality of Terms. Except as otherwise stated herein, each substantive 6 term of this Agreement is a material term that the Parties have relied upon in making this Agreement. If 7 the Court does not approve any substantive term, or if the Court effects a material change to the 8 Agreement—such as increasing any amount that Defendant must pay—then the entire Agreement will 9 be, at Defendant’s sole discretion, void and unenforceable. Where this Agreement states that a term is 10 not material, then the Court’s refusal to approve that term leaves all the other terms of the Agreement in 11 effect, and does not give Class Counsel or any Class Member any basis to abrogate this Agreement.
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Materiality of Terms. Except as otherwise stated herein, each substantive 16 term of this Agreement is a material term that the Parties have relied upon in making this Agreement. If 17 the Court does not approve any substantive term, or if the Court effects a material change to the 18 Agreement—such as increasing any amount that Defendant must pay—then the entire Agreement will be,
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Materiality of Terms. The Settling Parties have negotiated all the terms and conditions of this Settlement Agreement at arms’ length. All terms and conditions of this Settlement Agreement in the exact form set forth in this Settlement Agreement are material to this Settlement Agreement and have been relied on by the Settling Parties in entering into this Settlement Agreement. The Settling Parties have been represented and assisted by counsel through the negotiation and drafting of this Settlement Agreement.
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Related to Materiality of Terms

  • Confidentiality of Terms Executive agrees to follow the Company’s strict policy that employees must not disclose, either directly or indirectly, any information, including any of the terms of this Agreement, regarding salary or stock purchase allocations to any person, including other employees of the Company (other than such employees who have a need to know such information); provided, however, that Executive may discuss such terms with members of his immediate family and any legal, tax or accounting specialists who provide Executive with individual legal, tax or accounting advice.

  • Materiality and Waiver of Breach Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm’s-length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and important to the formation of this Agreement, and each is, therefore, a material term. County’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of this Agreement. To be effective, any waiver must be in writing signed by an authorized signatory of the Party granting the waiver.

  • Materiality The Company and the Stockholders hereby agree that this covenant is a material and substantial part of this transaction.

  • Severability of Terms If any term or provision of this Contract is legally determined unlawful or unenforceable, the remainder of the Contract shall remain in full force and effect and such term or provision shall be stricken.

  • Applicability of Terms A check or similar mark in a box means that such provision is applicable. The abbreviation 48 “N/A” or the word “Deleted” means not applicable. The abbreviation “MEC” (mutual execution of this contract) means the date upon 49 which both parties have signed this Buyer Listing Contract.