Common use of Construction of Certain Provisions Clause in Contracts

Construction of Certain Provisions. It is understood and agreed that any dollar amount specified in the foregoing representations and warranties or the inclusion of any specific items on the Schedules hereto is not intended to imply that higher or lower amounts, or that the items that have been so included, are or are not material, and neither party shall use the fact of the setting of such amounts or the fact of the inclusion of any such items on the Schedules hereto in any dispute or controversy between the parties on whether any obligation, item or matter not described herein or included on a Schedule hereto is or is not material for purposes of this Agreement.

Appears in 2 contracts

Samples: Agreement and Plan of Merger (Advanced Technology Materials Inc /De/), Agreement and Plan of Merger (Lawrence Lamonte H)

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Construction of Certain Provisions. It is understood and agreed that the specification of any dollar amount specified in the foregoing representations and warranties any provision of this Agreement or the inclusion of any specific items on item in the Schedules hereto or Exhibits is not intended to imply that such amounts or higher or lower amounts, or that the items that have been so includedincluded or other items, are or are not material, material and neither party shall use the fact of the setting of such amounts or the fact of the inclusion of any such items on item in the Schedules hereto in any dispute or controversy between the parties on as to whether any obligation, item or matter not described herein or included on in a Schedule hereto or Exhibit is or is not material for purposes of this Agreement.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Dow Jones & Co Inc)

Construction of Certain Provisions. It is understood ---------------------------------- and agreed that neither the specification of any dollar amount specified in the foregoing representations and warranties or contained in this Agreement nor the inclusion of any specific items on item in the Schedules hereto is not intended to imply that such amounts or higher or lower amounts, or that the items that have been so includedincluded or other items, are or are not material, and neither party shall use the fact of the setting of such amounts or the fact of the inclusion of any such items on item in the Schedules hereto in any dispute or controversy between the parties on as to whether any obligation, item or matter not described herein or included on a Schedule hereto is or is not material for purposes of this Agreement.

Appears in 1 contract

Samples: Stock Exchange Agreement (Sylvan Learning Systems Inc)

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Construction of Certain Provisions. It is understood and agreed that the specification of any dollar amount specified in the foregoing representations and warranties contained in this Agreement or the inclusion of any specific items on item in the Schedules hereto is not intended to imply that such amounts or higher or lower amounts, or that the items that have been so includedincluded or other items, are or are not material, and neither no party shall hereto will use the fact of the setting of such amounts or the fact of the inclusion of any such items on item in the Schedules hereto in any dispute or controversy between the parties on as to whether any obligation, item or matter not described herein or included on in a Schedule hereto is or is not material for purposes of this Agreement.

Appears in 1 contract

Samples: Asset Purchase Agreement (Fresh America Corp)

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