Language sufficient to create an express condition Sample Clauses

Language sufficient to create an express condition. In any case where the defendant obligor asserts the nonoccurrence of an express condition to his duty as a defense to liability for his nonperformance, a threshold issue will be whether the duty in question is indeed so conditioned. In Xxxxxxxxxxx, the court spends little time on that issue. The critical language, it finds, is “unam- biguous,” because the parties have used the “unmistakable language of condi- tion” — words and phrases like “if” and “unless and until.” Although the court does not belabor the point, the language in the written contract is actually a good deal stronger than that; rather that just saying “if A does this, then B will do that,” it goes on to indicate that failure of the conditioning event (timely delivery of certain notices) will cause the agreement to be “of no further force and effect.” In such event, the agreement continues, “neither party shall have any rights against nor obligations to the other.”