Well actually, from where I siting there is indeed distinct difference between the meaning associated with those terms when negotiating and written into these type of agreements. So I'd disagree with you and concur with the other poster's comment. But also realising that you use these terms interchangeably simply means that you are then totally wrong on all fronts from start to finish.
Little hint... if a term of a JOA is being breach it give rise to an action based on breach of contract (claim for damages or restitution to the position that the parties would have been in had the breach not occurred (ala... they must be given an opportunity to PE)) ... the breach does not make the sale illegal or void from outset..... but who am I to argue with you.... You know a bit more about things than most on here.. IMO
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