materially inconsistent definition
materially inconsistent means diverging from the Settlement or part thereof in a manner that: (i) fundamentally changes the economics or liability protection such that a Party no longer receives the benefit of the bargain provided by this Settlement; or (ii) frustrates the fundamental purpose of this Settlement such that Facilities Removal or the underlying purposes of Interim Measures cannot be accomplished. Events occurring independent of this Settlement, other than those identified in Section 8.11.1, shall not be construed to create a material inconsistency or materially adverse effect.
materially inconsistent means a difference between the Cost Consultant’s recommendation and the budget approved by the Subproject Committee of more than five per cent (5%) of the annual Subproject O&M Budget or $100,000, whichever is greater.
materially inconsistent means a difference between the Cost Consultant’s recommendation and the budget adopted by Watermaster and WQA of more than five per cent (5%) of the total Project/Subproject Administrative Costs Budget or $25,000, whichever is greater.