Different Terms and Conditions Clause Samples
The 'Different Terms and Conditions' clause establishes that if the parties to an agreement use forms or documents containing terms that differ from or conflict with each other, a specific process will determine which terms govern the contract. Typically, this clause clarifies whether the buyer's or seller's terms take precedence, or if conflicting terms are excluded altogether, often referencing the 'battle of the forms' scenario in commercial transactions. Its core function is to prevent disputes and confusion by providing a clear mechanism for resolving inconsistencies between competing contractual documents.
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Different Terms and Conditions. In the event that the Company proposes to accept or approve a Solicited Offer for the consummation of a Proposed Event on terms and conditions that are not substantially the same as the terms and conditions specified in the last Solicitation Notice, the Company agrees to provide Google with a new Solicitation Notice at least three (3) Business Days prior to accepting or approving such Solicited Offer, which includes the information set forth in Section 1.2(b)(i). Without limiting the generality of the foregoing, a purchase price that is ninety-five percent (95%) or less of the purchase price in the last Solicitation Notice received by Google shall be deemed not to be substantially the same terms and conditions as specified in the last Solicitation Notice.
Different Terms and Conditions. In the event that the Company proposes to accept a Solicited Offer for the consummation of a Proposed Event on terms and conditions that are not at least as favorable as the terms and conditions specified in the last -10- 11 Solicitation Notice, the Company agrees to provide Intel with Solicitation Notice pursuant to Section 7(c)(i). Without limiting the generality of the foregoing, a purchase price that is 95% or less of the purchase price in the last Solicitation Notice received by Intel shall be deemed not to be at least as favorable as the terms and conditions as specified in the last Solicitation Notice and shall require the Company to deliver to Intel a new Solicitation Notice.
Different Terms and Conditions. In the event that the Company proposes to accept a Solicited Offer for the consummation of a Proposed Event on non-price terms and conditions which are not substantially the same as the terms and conditions specified in the last Solicitation Notice, then, regardless of whether the proposed price is above or below 90% of the Proposed Selling Price in the last Solicitation Notice, the Company agrees to provide the Investor with a new Solicitation Notice pursuant to Section 5.3(a).
Different Terms and Conditions. This is the entire agreement between SNAG and the vendor. Additional material terms or conditions proposed by the vendor shall not be binding on SNAG unless specifically agreed to in writing and signed by both parties.