Materiality of Terms. The Parties have negotiated all the terms and conditions of this Agreement at arms’ length. All terms and conditions of this Agreement in the exact form set forth in this Agreement are material to this Agreement and have been relied upon by the Parties in entering into this Agreement, unless otherwise expressly stated.
Materiality of Terms. Except as otherwise stated herein, each substantive 12 term of this Agreement is a material term that the Parties have relied upon in making this Agreement. If 13 the Court does not approve any substantive term, or if the Court effects a material change to the 14 Agreement—such as increasing any amount that Defendant must pay—then the entire Agreement will 15 be, at Defendant’s sole discretion, void and unenforceable. Where this Agreement states that a term is 16 not material, then the Court’s refusal to approve that term leaves all the other terms of the Agreement in 17 effect, and does not give Class Counsel or any Class Member any basis to abrogate this Agreement.
Materiality of Terms. Except as otherwise stated herein, each substantive 16 term of this Agreement is a material term that the Parties have relied upon in making this Agreement. If 17 the Court does not approve any substantive term, or if the Court effects a material change to the 18 Agreement—such as increasing any amount that Defendant must pay—then the entire Agreement will be,
Materiality of Terms. The Settling Parties have negotiated all the terms and conditions of this Settlement Agreement at arms’ length. All terms and conditions of this Settlement Agreement in the exact form set forth in this Settlement Agreement are material to this Settlement Agreement and have been relied on by the Settling Parties in entering into this Settlement Agreement. The Settling Parties have been represented and assisted by counsel through the negotiation and drafting of this Settlement Agreement.
Materiality of Terms. Except as otherwise stated herein, each substantive 3 term of this Agreement is a material term that the Parties have relied upon in making this Agreement. If 4 the Court does not approve any substantive term, or if the Court effects a material change to the 5 Agreement—such as increasing any amount that Defendant must pay—then the entire Agreement will 6 be, at Defendant’s sole discretion, void and unenforceable. Where this Agreement states that a term is 7 not material, then the Court’s refusal to approve that term leaves all the other terms of the Agreement in 8 effect, and does not give Class Counsel or any Class Member any basis to abrogate this Agreement.
