Mistake. In entering and making this Agreement, the Settling Parties assume the risk of any mistake of fact or law. If the Settling Parties, or any of them, should later discover that any fact they relied upon in entering into this Agreement is not true, or that their understanding of the facts or law was incorrect, the Settling Parties shall not be entitled to seek rescission of this Agreement, or otherwise attack the validity of the Agreement, based on any such mistake. This Agreement is intended to be final and binding upon the Settling Parties regardless of any mistake of fact or law.
Mistake. You understand that, after the date of this Agreement, You may discover facts different from, or in addition to, those which You now know or believe to be true with respect to the claims released or waived above and that, as part of the consideration contained in this Agreement, You expressly assume the risk that the Agreement was made on the basis of mistake or mistakes, mutual or unilateral, of any nature whatsoever. You intend that this Agreement shall not be rescinded, reformed, modified, voided, or changed in any way on the basis of any mistake or mistakes whatsoever.
Mistake. This Agreement is intended to resolve finally the rights and liabilities of the Parties in connection with its subject matter and none of the Parties shall seek to reopen the Agreement on the grounds that it in the future becomes aware of any mistake in law (including any such mistake arising as a result of a subsequent change of law) or mistake of fact relating to this Agreement or upon which this Agreement was entered into. NO Waiver No failure or delay on the part of any Party in exercising any right, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
Mistake. The Company and the Employee each forever waive all rights to assert that this Agreement, or any provision of it, was the result of a mistake in law or in fact. Further, they forever waive all rights to assert that any or all of the legal theories or factual assumptions used for negotiating purposes are for any reason inaccurate or inappropriate, or that this Agreement is incomplete or otherwise unenforceable, in any respect.
Mistake. No mistake made in good faith and in the exercise of due care in connection with the administration of the Master Fund shall be deemed to be a breach of the Trustee's duties if, promptly after discovery of the mistake, the Trustee takes whatever action may be practicable in the circumstances to remedy the mistake.
Mistake. Any mistake in any payment or in any direction, certificate, notice or other document furnished or issued by Employer or by the Trustee in connection herewith may be corrected when the mistake becomes known, and Employer may direct any adjustment or action that it deems practicable under the circumstances to remedy the mistake. The above notwithstanding, the Trustee must be properly notified of any mistakes or other correction requests within prescribed periods and time limitations as prescribed under applicable law.
Mistake. 2.1 The Issuer represents and warrants to the other Parties that the appointment of “Southeast Investment and Planning Solutions” as portfolio manager of the Notes by the Issuer pursuant to the Portfolio Management Agreement and Constituting Instrument was made in error and that it had intended to appoint “Southeast Investment & Financial Solutions Corp.” as Portfolio Manager.
Mistake. 16. In entering into the Settlement, Fidelity, the Fidelity Funds, the IA Clients that have affirmatively opted in to the Settlement and the Defendants assume the risk of any mistake of fact or law if any such party should later discover that any fact it relied upon in entering into the Settlement is not true, or that its understanding of the facts or law was incorrect, and in such event no party shall be entitled to seek rescission of the Settlement, or otherwise attack the validity of the Settlement or the releases contemplated by Paragraphs 10 and 11 hereof, based on any such mistake. The Settlement is intended to be final and binding upon Fidelity, the Fidelity Funds, the IA Clients that have opted in to the Settlement and the Defendants regardless of any mistake of fact or law.