Different Facts Clause Samples
The 'Different Facts' clause establishes how the agreement should be interpreted or adjusted if facts relevant to the contract are later found to differ from those initially assumed by the parties. In practice, this clause may specify procedures for notifying the other party of the new facts, outline how obligations or prices may be adjusted, or set out the consequences if the changed facts materially affect the contract. Its core function is to allocate risk and provide a clear process for addressing unforeseen discrepancies, thereby reducing disputes and ensuring fairness if circumstances change.
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Different Facts. Each Party fully understands that if the facts with respect to which this Release has been executed are found hereafter to be different from the facts which a Party believed to be true, that Party expressly accepts and assumes such risk and agrees that this Release will be and will remain in effect notwithstanding such difference in facts.
Different Facts. The Dart Release Parties and the HHH Release Parties specifically acknowledge that the facts with respect to which this Release is executed may turn out to be other than or different from the facts now known to or believed by them to be true, and that they therefore expressly assume the risk of the facts turning out to be different and agree that this Release shall be in all respects effective and not subject to termination or rescission by reason of any different facts.
Different Facts. Each Releasing guarantor specifically acknowledges that the facts with respect to which this Agreement is executed may turn out to be other than or different from the facts now known to or believed by it to be true, and that it therefore expressly assumes the risk of the facts turning out to be different and agrees that this Agreement shall be in all respects effective and not subject to termination or rescission by reason of any different facts.
Different Facts. The Parties acknowledge that, except for matters expressly represented herein, the facts in relation to the dispute and all claims released by the terms of this Final Settlement Agreement may turn out to be other than or different from the facts now known by each party and/or its counsel, or believed by such party or counsel to be true, and each party therefore expressly assumes the risk of the existence of different or presently unknown facts, and agrees that this Final Settlement Agreement shall be in all respects effective and binding despite such differences, if any.
Different Facts. The Parties, and each of them, acknowledge that they are fully familiar with the facts and assumptions giving rise to this Agreement, but agree that this Agreement shall remain fully effective and binding as to each of them even if the facts or assumptions turn out to be different from what they now believe them to be.
Different Facts. Each Party acknowledges that if any fact relating to this Agreement or the Covered Matters and now believed to be true is found hereafter to be other than, or different from that which is now believed, such Party expressly assumes the risk of such difference in fact and agrees that this Agreement shall be and will remain effective, notwithstanding any such difference in fact and expressly releases and forever discharges each of the other Parties to this Agreement and their respective past, current and future Related Parties, from any and all Claims/Losses arising out of, derived from, predicated upon or relating to such difference in fact.
Different Facts. The Parties hereto, and each of them, acknowledge that, except for matters expressly represented herein, the facts in relation to the dispute and all claims released by the terms of this Stipulation may turn out to be other than or different from the facts now known by each party and/or its counsel, or believed by such Party or counsel to be true, and each Party therefore expressly assumes the risk of the existence of different or presently unknown facts, and agrees that this Stipulation shall be in all respects effective and binding despite such difference.
Different Facts. Each of the parties assumes the risk that one or more assumptions or beliefs upon which it relies in entering into this Agreement may subsequently be found to be incorrect or may change in the future and such reliance or alteration in the facts relied upon shall not diminish or otherwise affect the validity or enforceability of this Agreement.
Different Facts. The Parties hereto, and each of them, acknowledge that, except for matters expressly represented herein, the facts in relation to the dispute and all claims released by the terms of this Agreement may turn out to be other than or different from the facts now known by each Party and/or its counsel, or believed by such Party or counsel to be true, and each Party therefore expressly assumes the risk of the existence of different or presently unknown facts, and agrees that this Agreement shall be in all respects effective and binding despite such difference.