Material Term. (1) The releases, covenants, dismissals, and granting of consent contemplated in this 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 contemplated herein shall give rise to a right of termination pursuant to Section 5.1 of the Settlement Agreement.
Material Term. (1) The Parties acknowledge that the bar orders, waivers, renunciations of solidarity and reservations of rights contemplated in this Section shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the bar orders, waivers, renunciations of solidarity and reservations of rights contemplated herein shall give rise to a right of termination pursuant to Section 5.1 of the 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, 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.
Material Term. (1) The releases contemplated in this Section shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the releases contemplated herein shall give rise to a right of termination pursuant to Section 11.1 of the 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 Parties acknowledge that the bar orders and the declaration of renunciation of the benefit of solidarity contemplated herein shall be considered a material term of the Settlement Agreement and the failure of the Ontario or Quebec Court to approve the bar orders or to declare the renunciation of the benefit of solidarity contemplated herein shall give rise to a right to termination pursuant to section 6.1 of the Settlement Agreement.
Material Term. (1) The Parties acknowledge that the bar orders, waiver or renunciation of solidarity, and reservation of rights contemplated in this Section 6 shall be considered a material term of the Settlement Agreement and the failure of the Ontario or Quebec Court to approve the bar orders, waiver or renunciation of solidarity, and reservations of rights contemplated herein shall give rise to a right of termination pursuant to Section 4.1 of the Settlement Agreement.
Material Term. Executive acknowledges that maintaining the confidentiality of such Confidential Information is necessary to the successful conduct of the business of Company and its goodwill, and that any breach of any term of this Article 6 shall be a material breach of this Agreement.
Material Term. (1) Without in any way limiting the ability of the Parties to assert that other terms in this Settlement Agreement are material terms, the releases and reservation of rights contemplated in this section shall be considered a material term of this Settlement Agreement and the failure of the Courts to approve the releases and/or reservation of rights contemplated herein shall give rise to a right of termination pursuant to s. 11 of this Settlement Agreement.
Material Term. (1) The form and content of the bar orders contemplated in this section 7 shall be considered a material term of the Settlement Agreement and the failure of any Court to approve the bar orders contemplated herein shall give rise to a right of termination pursuant to Section 13 of this Settlement Agreement.
Material Term. The Parties acknowledge and agree that Gen-Probe’s failure to perform any part of this Article 8 shall be a material breach of this Supply Agreement. The provisions of this Article 8 shall be without prejudice to Roka’s rights under Article 9 (Term and Termination) of this Supply Agreement and any and all remedies provided for hereunder or thereunder or any other rights or remedies available to Roka. Gen-Probe acknowledges that an uninterrupted supply of Panther Instruments is critical to Roka’s business, and agrees that, in the event of a breach by Gen-Probe of Article 8 of this Supply Agreement, Roka shall be entitled to seek specific performance of Gen-Probe’s obligations under this Article 8.
