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 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.

Appears in 4 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 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 and Quebec Court Courts 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.

Appears in 3 contracts

Samples: Lithium Ion Batteries Class Action National Settlement Agreement, 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(3)), the Parties acknowledge that the bar orders and the declaration of waiver or 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 any Court to approve the bar orders or to declare and the waiver of renunciation of the benefit of solidarity contemplated herein shall give rise to a right to termination pursuant to section 6.1 6.1(2) 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(34.1(4)), 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 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))terms, the Parties acknowledge that the bar orders and the declaration of renunciation of the benefit orders, waivers, renunciations of solidarity and reservations of rights contemplated herein in this Section 8 shall be considered a material term of the Settlement Agreement and the failure of the Ontario or Quebec any Court to approve the bar orders or to declare the renunciation of the benefit orders, waivers, renunciations of solidarity and reservations of rights contemplated herein shall give rise to a right to of termination pursuant to section Section 6.1 of the Settlement Agreement.

Appears in 1 contract

Samples: 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 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 Courts 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 Section 4.1 of the Settlement Agreement.

Appears in 1 contract

Samples: Canadian Drywall 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 6.1(3))terms, the Parties acknowledge that the bar orders and the declaration reservations of renunciation of the benefit of solidarity rights contemplated herein in this Section 7 shall be considered a material term of the Settlement Agreement and the failure of the Ontario or Quebec any Court to approve the bar orders or to declare the renunciation and reservations of the benefit of solidarity rights contemplated herein shall give rise to a right to 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 Parties acknowledge that the bar orders and the declaration of renunciation of the benefit of solidarity contemplated herein shall be considered a material term terms of the Settlement Agreement and the failure of the Ontario or Quebec Court Courts 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 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 5.1(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 Courts 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 Section 5.1 of the Settlement Agreement.

Appears in 1 contract

Samples: Canadian Drywall Class Actions National Settlement Agreement

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