Fundamental Provision definition

Fundamental Provision is any provision that, if deemed unenforceable, would deny either party of a material benefit that such party reasonably anticipated receiving under this Agreement.

Examples of Fundamental Provision in a sentence

  • In no event shall the aggregate indemnification to be paid by the Seller Representative or Purchaser under this Article X exceed $28,000,000 (the “Cap”) other than with respect to breaches by the Seller Representative or Purchaser of any Fundamental Provision applicable to such Party.