Condition
Discussion
A Condition identifies a circumstance upon which the applicability, effect, performance, continuation, or consequence of something depends.
A Condition may concern:
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The occurrence or non-occurrence of an event
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The existence or absence of a state
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The satisfaction or non-satisfaction of a criterion
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The performance or non-performance of an action
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The beginning, continuation, suspension, or ending of a period
A Condition may apply to an Agreement, Agreement Term, Right, Obligation, Permission, Prohibition, process, state transition, or another governed concept.
Definition
circumstance upon which the applicability, effect, performance, continuation, or consequence of something depends
Source
Adapted from:
Note
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A Condition identifies a dependency rather than an action or outcome
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A Condition may be satisfied, unsatisfied, indeterminate, waived, or no longer applicable
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A Condition may depend upon an event, state, date, period, value, action, or determination
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A Condition may have an Effective Period
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A Condition Precedent must be satisfied before a specified provision, Right, Obligation, Permission, or other effect becomes applicable
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A Condition Subsequent may modify or terminate an effect after the Condition occurs
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A Condition is distinct from an Obligation because a Condition does not necessarily require a Party to perform an action
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A Condition is distinct from a constraint because a Condition establishes a dependency while a constraint limits permitted values, relationships, or behavior
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A Condition is distinct from a lifecycle state because a Condition may coexist with a lifecycle state and may affect a transition between states
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Recording a Condition as satisfied does not, by itself, constitute a legal or regulatory determination
Example
An Agreement permits a Party to disclose confidential information when applicable law requires the disclosure.
The existence of the applicable legal requirement is a Condition governing the Permission. The Permission applies only while the Condition is satisfied.
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