Common use of Materiality of Terms Clause in Contracts

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 16 substantive 12 term of this Agreement is a material term that the Parties have relied upon in making this 17 Agreement. If 13 the Court does not approve any substantive term, or if the Court effects a material change 18 to the 14 Agreement—such as increasing any amount that Defendant must pay—then the entire 19 Agreement will 15 be, at Defendant’s sole discretion, void and unenforceable. Where this Agreement 20 states that a term is 16 not material, then the Court’s refusal to approve that term leaves all the other terms 21 of the Agreement in 17 effect, and does not give Class Counsel or any Class Member any basis to abrogate 22 this Agreement.

Materiality of Terms. Except as otherwise stated herein, each substantive 12 10 term of this Agreement is a material term that the Parties have relied upon in making this Agreement. If 13 11 the Court does not approve any substantive term, or if the Court effects a material change to the 14 12 Agreement—such as increasing any amount that Defendant must pay—then the entire Agreement will 15 13 be, at Defendant’s sole discretion, void and unenforceable. Where this Agreement states that a term is 16 14 not material, then the Court’s refusal to approve that term leaves all the other terms of the Agreement in 17 15 effect, and does not give Class Counsel or any Class Member any basis to abrogate this Agreement.