Non-Illusory Sample Clauses

Non-Illusory. It is the intent of the Buyer and Seller that this Agreement be binding on both parties and not illusory. Seller acknowledges and agrees that Buyer’s efforts to fulfill the conditions set forth herein shall require the expenditure of significant time and money and that such expenditures constitute good and sufficient consideration to Seller for Seller’s acceptance of the Agreement. In addition, all parties acknowledge that, wherever the Agreement grants Buyer or Seller discretion, which might otherwise make this Agreement illusory, the party exercising its discretion must act reasonably, according to commercial standards, except as otherwise set forth herein. For the foregoing reasons, all parties waive any right to challenge the enforceability of this Agreement on the basis that it lacks consideration or is illusory.