Enforcement Procedures Clause Samples

Enforcement Procedures. Prior to bringing any action to enforce the terms of this Agreement, a Party seeking to enforce shall provide the violating Party thirty (30) days advanced written notice of its intent to enforce the alleged violation. The Parties shall meet and

Enforcement Procedures. (a) Notwithstanding anything in Section 3.3, each of the Secured Parties holding Related Loans, shall refrain from taking any Enforcement Procedures in respect of Related Loans unless directed by the Servicer or Replacement Servicer, as applicable, and the Servicer or Replacement Servicer (acting on the exclusive direction of the Guarantor) or the Guarantor, for itself, shall be solely entitled to take or direct the taking of Enforcement Procedures in respect of such Related Loans and their Shared Security and shall take such Enforcement Procedures in accordance with the Servicing Agreement (or the servicing agreement entered into with the Replacement Servicer), this Agreement and the terms of such Related Loans and their Shared Security as it would be reasonable to expect a Reasonable and Prudent Mortgage Lender to take in administering its Loans and their Related Security, in accordance with applicable laws, provided that the Servicer or Replacement Servicer, as applicable, shall (i) where practicable prior to taking any Enforcement Procedure, and (ii) in any event simultaneously with taking any Enforcement Procedure, provide the Seller and the Guarantor, by the fastest means possible, a copy of any notices sent to the Borrower along with the details of any Enforcement Procedure (to the extent not included in copies of the relevant notice(s) so delivered) and the Seller shall not take any action that conflicts with such Enforcement Procedure. (b) Subject to paragraph (a) above, to the extent any Related Loan is a demand loan that, by its terms, or the terms of any of the Mortgage Conditions on the related Mortgage Terms for each such Loan, do not include cross-default provisions such that a default under any such Related Loan shall constitute a default under all Related Loans secured by the same Shared Security, then the Servicer hereby undertakes (itself or through its subservicer) to demand repayment (in a manner and in circumstances customary for a Reasonable and Prudent Mortgage Lender) of such Related Loan upon a default under any Related Loans secured by the same Shared Security, as the case may be. Each of the Secured Parties hereby consents to the Servicer (itself or through its subservicer) making any such demand on its behalf.

Enforcement Procedures. Subject to the following provisions, the Parties jointly shall engage counsel, which counsel shall be reasonably agreed in good faith by the Parties, to bring and maintain any action or proceeding with respect to infringement of any Arena Patent or Program Patent by a Third Party in the Territory (a “Field Infringement”). The Parties shall cooperate and consult fully with each other in strategizing, preparing, presenting and conducting any such action or proceeding, and the Parties shall seek in good faith to agree on all matters regarding such action or proceeding with Eisai having the final decision (regardless of whether or not Eisai is a party to such action or proceeding) in case such agreement cannot be reached within an appropriate time period (recognizing that certain decisions with respect to strategizing, preparing, presenting and conducting any such action or proceeding may be time sensitive) (subject to the other provisions of this Section 9.3(b)); provided, that Eisai shall fully consider and seek to accommodate Arena’s global intellectual property litigation positions in all such decisions that may impact such global positions (and Eisai shall fully take into account Arena’s interests with respect to the Compounds, the Related Compounds, the Products and other Compound Products and Related Products outside the Territory, including its intellectual property with respect thereto, and the impact outside the Territory of all its final decisions in, and conduct of, such actions or proceedings, and Eisai shall not unreasonably reject or unreasonably act contrary to Arena’s advice and suggestions with respect thereto). Each Party shall cooperate fully with the other Party with respect to such actions or proceedings, including being joined as a party plaintiff or joining the other Party as a party plaintiff in such action or proceeding and providing access to relevant documents and other evidence and making its employees available at reasonable business hours. The Parties shall share all out-of-pocket costs and expenses of conducting any such action or proceeding, with Eisai paying […***…]%, and Arena paying […***…]%, of such costs and expenses. Any monetary recovery resulting from such actions or proceedings will be allocated as follows: each of Eisai and Arena first will be reimbursed, out of such recovery, for its reasonable and verifiable costs and expenses with respect to such action or proceeding (such reimbursement to be pro-rata based on the ...

Enforcement Procedures. Any Party may, after meeting and conferring, seek to enforce the terms and conditions contained in this Agreement by new action before the Superior Court of California in Alameda County. Enforcement of the terms and conditions of Section 3.2 of this Agreement shall be brought exclusively pursuant to Sections 6.3 through 6.4.

Enforcement Procedures. 1. Enforceable court decisions of either Contracting State as well as enforceable documents issued by an authority or institution of either Contracting State, in respect of social security contributions and other debts, shall be recognized in the territory of the other Contracting State. 2. Recognition may be refused only if it would be incompatible with the public order of the Contracting State in whose territory recognition of the decision or the document should be enforced. 3. Enforceable decisions and documents recognized under paragraph 1 of this Article shall be enforced in the territory of the other Contracting State. The enforcement procedure shall be in compliance with the legislation governing the enforcement of such decisions and documents of the Contracting State in whose territory enforcement takes place. A certificate indicating its enforceability shall accompany the decision or document. 4. Contribution debts to the institution of either Contracting State shall have, in any bankruptcy procedure or enforced settlement in the territory of the other Contracting State, the same precedence as the equivalent claims in the territory of that Contracting State.

Enforcement Procedures. Prior to bringing any motion or application to enforce the terms of this Agreement, a Party seeking to enforce shall provide the violating Party thirty

Enforcement Procedures. Lengthy civil and commercial proceedings and enforcement procedures are significant obstacles to business activity and to taking advantage of corporate development potential, which also reduces the attractiveness for foreign direct investment.175 Consequently, to ensure more effective enforcement, Slovenia will primarily invest in the optimisation of resolving enforcement matters both in direct court proceedings as well as in proceedings with enforcement officers, namely with selected tools to accelerate enforcement, organisational measures and targeted computerising solutions for elimination of bottlenecks in the entire enforcement procedure. Training for the full spectrum of stakeholders involved in implementing enforcement procedures will also be supported in a complementary manner. The above-mentioned is in line with Country Specific Recommendation no. 6 for Slovenia to reduce the number of pending cases, particularly enforcement cases. Due to commercial crime and corruption, Slovenia is characterised by a high level of distrust in the judicial system, which discourages foreign investors who are essential for boosting the economy.176 The results of the Corruption Perception Index research carried out by the non-governmental organisation Transparency International also emphasise the worsening situation regarding corruption. In 2013, Slovenia ranked 43rd among 177 countries reviewed, or 20th among the European Union Member States.177 Slovenia will provide for the detection and effective prosecution of economic crime and corruption in all possible forms, as these phenomena fundamentally distort natural competition between companies (general and special prevention). The illicit origin of property which represents a market benefit not acquired through competition and the maximisation of benefits for end users of goods and services in the market also distorts competitiveness and inhibits healthy and sustainable economic growth. Therefore, Slovenia will enhance the effectiveness of mechanisms to confiscate assets of unlawful origin. To prosecute the worst forms of economic crime and corruption effectively, Slovenia will use mechanisms to optimise its legislative and organisational structures, investing in human 174 The discussed issue of lengthy bankruptcy procedures was also emphasised in the latest recommendation of the Organisation for Economic Co-operation and Development (OECD), Economic Survey of Slovenia 2013. 175 It can be concluded from the trend of ...

Enforcement Procedures. Prior to bringing any action to enforce the terms of this Agreement, a Party seeking to enforce shall provide the violating Party thirty (30) days advanced written notice of the alleged violation. The Parties shall meet and confer during such thirty (30) day period in an effort to try to reach agreement on an appropriate cure for the alleged violation. After such thirty (30) day period, the Party seeking to enforce may, by new action before the Superior Court of California in Marin County, seek to enforce the terms and conditions contained in this Agreement.

Enforcement Procedures. The Board may impose fines on unit Owners who violate the Association’s Declaration, By-laws or Rules and Regulations. The Association, its designated committee or its managing agent, shall notify the unit Owner in writing of a violation to the Rules and Regulations, By-laws and/or Declarations. The violation must be abated or corrected by the owner within 10 business days of the date of the notice of violation. If the Owner is unable to comply with the correction deadline, the Owner must contact the management company with justification for requesting an extension. The Association’s Board reserves the right to allot a specific amount of time for correction of a violation. The homeowner may or may not be granted a new “correction deadline”. In the event the violation is not abated or corrected by the Owner within the term determined by the Board; it may impose a fine upon the unit Owner in an amount consistent with the below . The Board reserves the right to waive the initial fine due to extenuating circumstances and also extend a correction deadline if it determines a need. The Association’s designated committee or managing agent shall notify the unit Owner in writing, of the fine and the amount thereof. If the fine is not paid within ten (10) business days of the date of the notice of fine or within ten (10) days of a decision following a hearing if applicable, additional fines may be imposed until the violation is abated. Any fine imposed shall be collected in the same manner as the collection of annual assessments.