Condition precedent to litigation Clause Samples
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Condition precedent to litigation. A party must not commence proceedings in any court in respect of a Dispute:
(a) that this deed requires to be referred to an Expert; or
(b) in all other cases, unless a Dispute Notice has been given and the Representatives do not resolve the Dispute within 21 days after the receipt of the Dispute Notice (or such longer period as those Representatives agree). Nothing in this clause prevents a party from commencing proceedings in any court where proceedings are required to obtain urgent interlocutory relief.
9.1 The Grantor Guarantor acknowledges:
(a) the guarantee in this clause 9 has been provided at Newhaul’s request and for other valuable consideration; and
(b) that Newhaul relies on the operation of this clause 9 in entering into this deed.
9.2 The Grantor Guarantor unconditionally and irrevocably:
(a) guarantees to Newhaul the due and punctual performance and observance by Grantor of each of the obligations in this deed that must be performed or observed by Grantor, including, without limitation, the obligations contained in clause 2.1 (the Guaranteed Grantor Obligations); and
(b) indemnifies Newhaul and must keep Newhaul indemnified from and against all Losses suffered or incurred by Newhaul in relation to:
(i) any Guaranteed Grantor Obligation (or provision which would be or become a Guaranteed Grantor Obligation if enforceable, valid and not illegal) being or becoming unenforceable, invalid or illegal;
(ii) the Grantor failing, or being unable, to perform any of its Guaranteed Grantor Obligations in accordance with this deed; or
(iii) any amount that Grantor is required to pay in respect of its Guaranteed Grantor Obligations pursuant to this deed not being recoverable from the Grantor, in each case, for any reason and whether or not Newhaul knew or ought to have known about those matters.
9.3 If the Grantor does not pay any amount that it is obliged to pay in accordance with the Guaranteed Grantor Obligations contained in this deed, the Grantor Guarantor must pay that amount on demand as if it is the Grantor.
9.4 A demand made in accordance with this clause 9 may be made at any time and from time to time. A demand need only specify the obligation to be fulfilled.
Condition precedent to litigation. Service of the notices under, and compliance with the process outlined in this clause 11 are conditions precedent to the commencement of any litigation in respect of a Dispute.
Condition precedent to litigation. Subject to clause 11.5, a party must not commence legal proceedings in respect of a Dispute unless:
(a) a Dispute Notice has been given; and
(b) the Resolution Period has expired.
Condition precedent to litigation. Before any party to a Contract may commence a civil action against the County seeking remedies for breach or non- performance of the Contract by the County, said party must first initiate the dispute resolution process under these rules and attend the mediated settlement conference.
Condition precedent to litigation. A Party must not commence any proceedings in any court in respect of any other Dispute which is referable to a Panel under clause 16.1 unless the Dispute has first been referred to a Panel and the Panel does not meet or resolve the dispute under clause 16.1 before the expiry of the relevant Resolution Period.
Condition precedent to litigation. A party must not commence proceedings in any court in respect of a Dispute:
(a) that this deed requires to be referred to an Expert; or
(b) in all other cases, unless a Dispute Notice has been given and the Representatives do not resolve the Dispute within 21 days after the receipt of the Dispute Notice (or such longer period as those Representatives agree). Nothing in this clause prevents a party from commencing proceedings in any court where proceedings are required to obtain urgent interlocutory relief
Condition precedent to litigation. Subject to clause 23.5, a party must not commence legal proceedings in respect of a dispute unless:
(a) a Mediation Notice has been given; and
(b) the Mediation Period has expired.
Condition precedent to litigation. Engaging in the alternative dispute resolution mandated by this Section 6.14 is a CONDITION PRECEDENT to filing any litigation. Only after the Parties have exhausted direct discussions AND mediation in accordance with the foregoing, shall either Party be entitled to initiate litigation. In any such litigation, the Engineer and Westfield hereby waive their rights to jury trial and mutually agree that any disputes between them arising out of this Agreement that are subject to litigation shall be tried to the Bench only. Should either party initiate litigation prior to engaging in direct discussions, and good faith mediation, that party shall pay all attorneys’ fees and expenses and other costs incurred by the other party in responding to and participating in said litigation.
Condition precedent to litigation. Mediation shall be required before either party may proceed to litigation or any other method of dispute resolution. If a mediation session has not been held within ninety (90) days after written request for mediation has been received by either party, the party requesting mediation may proceed to litigation unless the period for mediation has been extended by mutual written agreement between the parties.