Discontinuance of Action Clause Samples

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Discontinuance of Action. Within fourteen (14) days of the receipt of the Compensation Payment Shares in accordance with Paragraph 1 above, ▇▇▇▇▇▇▇/18 KT shall cause the Action to be discontinued with prejudice.
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Discontinuance of Action. The Noteholder may from time to time, to the extent permitted by applicable law, take action to recover any sums, whether interest, principal or any other obligation or sums, required to be paid under this Leasehold Mortgage or the other Debt Documents, as the same become due, without prejudice to the right of the Noteholder thereafter to bring an action of foreclosure, or any other action, for a default existing when such earlier action was commenced. If the Noteholder shall have proceeded to enforce any right under this Leasehold Mortgage or the other Debt Documents, and such proceedings shall have been discontinued or abandoned for any reason, then in every such case Mortgagor and the Noteholder shall be restored to their former positions and the rights, remedies and powers of all parties hereto shall continue as if no such proceedings had been taken.
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Discontinuance of Action. Agent may from time to time, to the extent permitted by applicable law, take action to recover any sums, whether interest, principal or any other obligation or sums, required to be paid under this Mortgage or the other Credit Documents, as the same become due, without prejudice to the right of Agent thereafter to bring an action of foreclosure, or any other action, for a default existing when such earlier action was commenced. If Agent shall have proceeded to enforce any right under this Mortgage or the other Credit Documents, and such proceedings shall have been discontinued or abandoned for any reason, then in every such case Borrower and Agent shall be restored to their former positions and the rights, remedies and powers of all parties hereto shall continue as if no such proceedings had been taken.
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Discontinuance of Action. Upon execution of this Agreement, the Parties shall file a Notice of Settlement of the matter of CNY Fair Housing, Inc. et al v. Clover Construction Management, Inc., et al, Civ. Case No. 5-22-cv-278 (GTS/ATB) in the Northern District of New York and ask the Court to retain jurisdiction for the term of the Agreement. Any Owners, Property Manager and Contractors over whom the court does not have jurisdiction do not consent to the jurisdiction of the court on any basis, other than specifically in connection with and to the limited extent of enforcement of this Agreement. Upon the expiration of the term of this Agreement as to all Properties, provided that there is no pending action to enforce this Agreement, the Parties shall file a Stipulated Order of Dismissal, with prejudice in the form annexed hereto as Exhibit D.
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Discontinuance of Action. Interactive shall, by its attorney, prepare and file a Stipulation of Discontinuance, without prejudice, of the action it commenced namely: "The Interactive Telephone Company v. Phonetime, Inc." Supreme Court, Queens County, Index Number: 96-3875.
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Discontinuance of Action. Quigley shall discontinue, without prejudice, the Bucks County Actio▇ ▇▇▇▇▇n five (5) days of executing this Agreement.
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Discontinuance of Action. Junior Beneficiary may from time to time, if permitted by law, take action to recover any sums, whether interest, principal or any other obligation or sums, required to be paid under this Indenture as the same become due, without prejudice to the right of Trustee or Junior Beneficiary thereafter to bring an action of foreclosure, or any other action, for a default or defaults by Grantor existing when such earlier action was commenced. If Junior Beneficiary or Trustee shall have proceeded to enforce any right under this Indenture and such proceedings shall have been discontinued or abandoned for any reason, then in every such case Grantor, Trustee and Beneficiary shall be restored to their former positions and the rights, remedies and powers of all parties hereto shall continue as if no such proceedings had been taken.
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Related to Discontinuance of Action

  • Discontinuance of Proceedings In case the Collateral Agent shall have instituted any proceeding to enforce any right, power or remedy under this Agreement by foreclosure, sale, entry or otherwise, and such proceeding shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Collateral Agent, then and in every such case the relevant Assignor, the Collateral Agent and each holder of any of the Obligations shall be restored to their former positions and rights hereunder with respect to the Collateral subject to the security interest created under this Agreement, and all rights, remedies and powers of the Collateral Agent shall continue as if no such proceeding had been instituted.

  • Discontinuance of Products Supplier shall provide at least twelve (12) months written notice to DXC prior to Supplier’s discontinuance of manufacturing any Products. Such notice shall include, at a minimum, DXC part numbers, substitutions, and last date that orders will be accepted for such Products.

  • Discontinuance of Business If COMPANY discontinues operating its business, this Agreement shall terminate as of the last day of the month on which COMPANY ceases its entire operations with the same effect as if that last date were originally established as termination date of this Agreement.

  • Discontinuance of Service A. The procedures for discontinuing service to an end user are as follows: 1. Where possible, the Company will deny service to Reseller’s end user on behalf of, and at the request of, Reseller. Upon restoration of the end user’s service, restoral charges will apply and will be the responsibility of Reseller. 2. At the request of Reseller, the Company will disconnect a Reseller end user customer. 3. All requests by Reseller for denial or disconnection of an end user for nonpayment must be in writing. 4. Reseller will be made solely responsible for notifying the end user of the proposed disconnection of the service. 5. The Company will continue to process calls made to the Annoyance Call Center and will advise Reseller when it is determined that annoyance calls are originated from one of their end user’s locations. The Company shall be indemnified, defended and held harmless by Reseller and/or the end user against any claim, loss or damage arising from providing this information to Reseller. It is the responsibility of Reseller to take the corrective action necessary with its customers who make annoying calls. Failure to do so will result in the Company’s disconnecting the end user's service. B. The procedures for discontinuing service to Reseller are as follows: 1. The Company reserves the right to suspend or terminate service for nonpayment or in the event of prohibited, unlawful or improper use of the facilities or service, abuse of the facilities, or any other violation or noncompliance by Reseller of the rules and regulations of the Company’s Tariffs. 2. If payment of account is not received by the ▇▇▇▇ ▇▇▇ in the month after the original ▇▇▇▇ ▇▇▇, the Company may provide written notice to Reseller, that additional applications for service will be refused and that any pending orders for service will not be completed if payment is not received by the fifteenth day following the date of the notice. If the Company does not refuse additional applications for service on the date specified in the notice, and Reseller's noncompliance continues, nothing contained herein shall preclude the Company's right to refuse additional applications for service without further notice. 3. If payment of account is not received, or arrangements made, by the ▇▇▇▇ ▇▇▇ in the second consecutive month, the account will be considered in default and will be subject to denial or disconnection, or both. 4. If Reseller fails to comply with the provisions of this Agreement, including any payments to be made by it on the dates and times herein specified, the Company may, on thirty days written notice to the person designated by Reseller to receive notices of noncompliance, discontinue the provision of existing services to Reseller at any time thereafter. In the case of such discontinuance, all billed charges, as well as applicable termination charges, shall become due. If the Company does not discontinue the provision of the services involved on the date specified in the thirty days notice, and Reseller's noncompliance continues, nothing contained herein shall preclude the Company's right to discontinue the provision of the services to Reseller without further notice. 5. If payment is not received or arrangements made for payment by the date given in the written notification, Reseller's services will be discontinued. Upon discontinuance of service on a Reseller's account, service to Reseller's end users will be denied. The Company will also reestablish service at the request of the end user or Reseller upon payment of the appropriate connection fee and subject to the Company's normal application procedures. Reseller is solely responsible for notifying the end user of the proposed disconnection of the service. 6. If within fifteen days after an end user’s service has been denied no contact has been made in reference to restoring service, the end user’s service will be disconnected.

  • Right of Action All rights of action in respect to this Agreement are vested in the respective registered holders of the Warrant Certificates; and any registered holder of any Warrant Certificate, without the consent of the Warrant Agent or of any other holder of a Warrant Certificate, may, in his own behalf for his own benefit, enforce, and may institute and maintain any suit, action or proceeding against the Company suitable to enforce, or otherwise in respect of, his right to exercise the Warrants evidenced by such Warrant Certificate, for the purchase of shares of the Common Stock in the manner provided in the Warrant Certificate and in this Agreement.