Business Judgment. In any circumstance where this Agreement provides for either Party to make a determination in its judgment, that judgment will be conclusive and binding, regardless of any allegation of malice or bad faith on the part of that Party, unless it be shown by clear and convincing evidence that a prudent person in the management of his or her own affairs could not have made the judgment in question in the same circumstances.
Appears in 3 contracts
Samples: Software Development and License Agreement, Software Development and License Agreement, Software Development and License Agreement
Business Judgment. In any circumstance where this Agreement provides ----------------- for either Party party to make a determination in its judgment, that judgment will shall be conclusive and binding, regardless of any allegation of malice or bad faith on the part of that Party, binding unless it can be shown by clear and convincing evidence that a prudent person in the management of his or her own affairs could not have made the judgment in question in the same circumstances.
Appears in 1 contract
Samples: Distribution Rights Agreement (Ravisent Technologies Inc)
Business Judgment. In any circumstance where this Agreement provides for either Party to make a determination in its judgment, that judgment will shall be conclusive and binding, regardless of any allegation of malice or bad faith on the part of that Party, binding unless it can be shown by clear and convincing evidence that a prudent person in the management of his or her own affairs could not have made the judgment in question in the same circumstances.
Appears in 1 contract
Samples: License and Distribution Agreement (Axeda Systems Inc)
