Common use of Material Term Clause in Contracts

Material Term. (1) For the avoidance of doubt and without in any way limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms (subject to section 6.1(3)), the releases, covenants, dismissals, granting of consent, and reservations of rights contemplated in this section 7 shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases, covenants, dismissals, granting of consent, and reservations of rights contemplated herein shall give rise to a right of termination pursuant to section 6.1 of the Settlement Agreement.

Appears in 7 contracts

Samples: Lithium Ion Batteries Class Actions National Settlement Agreement, Lithium Ion Batteries Class Actions National Settlement Agreement, Lithium Ion Batteries Class Actions National Settlement Agreement

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Material Term. (1) For the avoidance of doubt and without in any way limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms (subject to section Section 6.1(3)), the releases, covenants, dismissals, granting of consent, and reservations of rights contemplated Parties acknowledge that the provisions in this section 7 Section 8 shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases, covenants, dismissals, granting of consent, and reservations of rights contemplated herein such provisions shall give rise to a right of termination pursuant to section Section 6.1 of the Settlement Agreement.

Appears in 6 contracts

Samples: Action National Settlement Agreement, Action National Settlement Agreement, Class Action National Settlement Agreement

Material Term. (1) For the avoidance of doubt and without in any way limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms (subject to section Section 6.1(3)), the releases, covenants, dismissals, granting of consent, and reservations of rights contemplated provisions in this section Section 7 shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases, covenants, dismissals, granting of consent, and reservations of rights contemplated herein such provisions shall give rise to a right of termination pursuant to section Section 6.1 of the Settlement Agreement.

Appears in 5 contracts

Samples: Action National Settlement Agreement, Class Action National Settlement Agreement, Canadian Odd Class Action National Settlement Agreement

Material Term. (1) For the avoidance of doubt and without in any way limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms (subject to section 6.1(34.1(4)), the releases, covenants, dismissals, granting of consent, and reservations of rights contemplated in this section 7 Section 5 shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases, covenants, dismissals, granting of consent, and reservations of rights contemplated herein shall give rise to a right of termination pursuant to section 6.1 4.1 of the Settlement Agreement.

Appears in 2 contracts

Samples: Lithium Ion Batteries Class Actions National Settlement Agreement, Lithium Ion Batteries Class Actions National Settlement Agreement

Material Term. (1) For the avoidance of doubt and without in any way limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms (subject to section 6.1(3)), the releases, covenants, dismissals, granting of consent, releases and reservations reservation of rights contemplated in this section 7 shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases, covenants, dismissals, granting of consent, releases and/or and reservations reservation of rights contemplated herein shall give rise to a right of termination pursuant to section 6.1 of the Settlement Agreement.

Appears in 2 contracts

Samples: Lithium Ion Batteries Class Action National Settlement Agreement, Lithium Ion Batteries Class Action National Settlement Agreement

Material Term. (1) For the avoidance of doubt and without in any way limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms (subject to section 6.1(35.1(3)), the releases, covenants, dismissals, granting of consent, releases and reservations reservation of rights contemplated in this section 7 SECTION 6 shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases, covenants, dismissals, granting of consent, releases and/or and reservations reservation of rights contemplated herein shall give rise to a right of termination pursuant to section 6.1 5.1 of the Settlement Agreement.

Appears in 2 contracts

Samples: Class Action National Settlement Agreement, Class Action National Settlement Agreement

Material Term. (1) For the avoidance of doubt and without in any way limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms (subject to section 6.1(3))terms, the releases, covenants, dismissals, and granting of consent, and reservations of rights consent contemplated in this section Section 7 shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases, covenants, dismissals, and granting of consent, and reservations of rights consent contemplated herein shall give rise to a right of termination pursuant to section Section 6.1 of the Settlement Agreement.

Appears in 1 contract

Samples: National Settlement Agreement

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Material Term. (1) For the avoidance of doubt and without in any way limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms (subject to section 6.1(3Section 5.1(3)), the releases, covenants, dismissals, granting of consent, and reservations of rights contemplated in this section 7 Section shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases, covenants, dismissals, granting of consent, and reservations of rights rights, contemplated herein shall give rise to a right of termination pursuant to section 6.1 Section 5.1 of the Settlement Agreement.

Appears in 1 contract

Samples: Canadian Drywall Class Actions National Settlement Agreement

Material Term. (1) For the avoidance of doubt and without in any way limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms (subject to section 6.1(3))terms, the releases, covenants, dismissals, and granting of consent, and reservations of rights consent contemplated in this section 7 Section shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases, covenants, dismissals, and granting of consent, and reservations of rights consent contemplated herein shall give rise to a right of termination pursuant to section 6.1 Section 5.1 of the Settlement Agreement.

Appears in 1 contract

Samples: Actions National Settlement Agreement

Material Term. (1) For the avoidance of doubt and without in any way limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms (subject to section 6.1(3Section 4.1(3)), the releases, covenants, dismissals, granting of consent, and reservations of rights contemplated in this section 7 Section shall be considered a material term terms of the Settlement Agreement and the failure of any Court to approve the releases, covenants, dismissals, granting of consent, and reservations of rights rights, contemplated herein shall give rise to a right of termination pursuant to section 6.1 Section 4.1 of the Settlement Agreement.

Appears in 1 contract

Samples: Canadian Drywall Class Actions National Settlement Agreement

Material Term. (1) For the avoidance of doubt and without in any way limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms (subject to section 6.1(3Section 4.1(3)), the releases, covenants, dismissals, granting of consent, and reservations of rights contemplated in this section 7 Section shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases, covenants, dismissals, granting of consent, and reservations of rights rights, contemplated herein shall give rise to a right of termination pursuant to section 6.1 Section 4.1 of the Settlement Agreement.

Appears in 1 contract

Samples: Canadian Drywall Class Actions National Settlement Agreement

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