Commencement of Litigation Clause Samples

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Commencement of Litigation. If after 45 days following the commencement of mediation no final resolution of the Dispute is achieved, either Member may cease mediation and commence litigation to resolve the Dispute. All Members on their own behalf and on behalf of their Affiliates agree and consent that any claim arising from or related to any Dispute shall be brought exclusively in the state or federal court located in Minneapolis, Minnesota, and the Members hereto hereby irrevocably submit to the exclusive jurisdiction of such courts in any such action or proceeding and irrevocably waive the defenses of a lack of personal or subject matter jurisdiction or of an inconvenient forum to the maintenance of any such action.
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Commencement of Litigation. The Custodian may not commence any litigation on behalf of a Fund or Series except pursuant to Proper Instructions or with the applicable Fund’s prior written consent. Except where the Custodian is a necessary party to the litigation, a Fund or Series shall not instruct the Custodian to commence litigation without the Custodian’s prior consent, which consent shall not be unreasonably withheld.
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Commencement of Litigation. 43 13.4. Continuity of Service and Performance.............................43
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Commencement of Litigation. If ▇▇▇▇ Bank fails to provide its portion of the Debt Financing at Closing in accordance with the Term Debt Commitment and (a) ▇▇▇▇ Bank’s conditions to its obligations in the Term Debt Commitment are satisfied or waived, (b) the conditions to the obligations of ▇▇▇▇▇ Parent and the Buyer under Sections 7.1 and 7.2 are satisfied or waived and (c) as a result of ▇▇▇▇ Bank’s failure to provide such Debt Financing, ▇▇▇▇▇ Parent is obligated to pay Trican Parent the Tier One Termination Fee pursuant to Section 8.4, then ▇▇▇▇▇ Parent will, or will cause its appropriate Subsidiary to, promptly commence, and diligently pursue, an Action against ▇▇▇▇ Bank to obtain the maximum amount of damages from ▇▇▇▇ Bank available under Law, but subject in all respects to the limitations set forth in the Term Debt Commitment. For the avoidance of doubt, in no event shall ▇▇▇▇▇ Parent or any of its Subsidiaries be obligated to commence an Action for specific performance of the Term Debt Commitment or to seek damages in excess of $20,000,000 from ▇▇▇▇ Bank.
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Commencement of Litigation. If: (a) a party has failed to appoint a Designated Representative as required; or (b) the time established by or agreed under clause 15.4 for agreement on a dispute resolution process has expired, a party which has complied (and whose Designated Representative has complied) with this clause 15 may, by notice to the other party, terminate the process and commence litigation or arbitration.
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Related to Commencement of Litigation

  • Defense of Litigation To appear in and defend any action or proceeding that may affect its title to or Secured Party’s interest in the Collateral.

  • Cost of Litigation In case the STATE shall, without any fault on its part, be made a party to any litigation commenced by or against the CONTRACTOR in connection with this Contract, the CONTRACTOR shall pay all costs and expenses incurred by or imposed on the STATE, including attorneys' fees.

  • Stay of Litigation The Parties agree that upon the execution of this Agreement the litigation shall be stayed, except to effectuate the terms of this Agreement. The Parties further agree that upon the signing of this Agreement that pursuant to CCP section 583.330 to extend the date to bring a case to trial under CCP section 583.310 for the entire period of this settlement process.

  • Notice of Litigation Each Purchaser shall promptly notify the applicable Seller upon becoming aware of any Proceedings or threatened Proceedings concerning any Serviced Appointment (whether or not the Sellers are named in such Proceedings), in each case, excluding Proceedings in servicer-managed mortgage-level litigation with respect to residential mortgage-backed securities transactions. Notices pursuant to this Section 6.4 will be delivered to the notice recipient designated on Annex B.

  • Notification of litigation The Borrower will provide the Agent with details of any legal or administrative action involving the Borrower, any Security Party, the Approved Manager, any Ship or the Earnings or the Insurances of any Ship as soon as such action is instituted or it becomes apparent to the Borrower that it is likely to be instituted, unless it is clear that the legal or administrative action cannot be considered material in the context of any Finance Document.