Common use of Material Defect Clause in Contracts

Material Defect. To be effective, any such notice shall specifically identify and describe the basis for such termination, and shall include reasonable evidence of the Material Defect or Material Adverse Environmental Condition leading to the termination notice. Neither (i) a minor deviation in the location of a Pipeline, relative to a defined Right-of-Way in an easement, (ii) a gap in the Right-of-Way nor (iii) an encroachment onto a Right-of-Way shall be deemed to constitute a Material Defect for purposes of this Agreement.

Material Defect. To be effective, any such notice shall specifically identify and describe the basis for such termination, and shall include reasonable substantiating evidence of the Material Defect or Material Adverse Environmental Condition leading to the termination noticethereof. Neither (i) a minor deviation Minor deviations in the location of a Pipeline, pipeline relative to a defined Rightright-of-Way way in an easement, (ii) a gap in easement or encroachments on the Right-of-Way nor (iii) an encroachment onto a Right-of-Way right of way shall not be deemed to constitute a Material Defect for purposes of this Agreement.

Material Defect. To be effective, any such notice shall specifically identify and describe the basis for such termination, and shall include reasonable substantial evidence of the Material Defect or Material Adverse Environmental Condition leading to the termination notice. Neither (i) a minor deviation in the location of a Pipeline, relative to a defined Right-of-of- Way in an easement, (ii) a gap in the Right-of-Way nor (iii) an a minor encroachment onto a Right-of-Way shall be deemed to constitute a Material Defect for purposes of this Agreement.