Future Litigation Clause Samples
The Future Litigation clause outlines how potential legal disputes that may arise after the agreement is signed will be handled. Typically, this clause specifies the procedures for addressing future claims, such as requiring parties to notify each other of any impending lawsuits or disputes, and may set out preferred forums or methods for resolution, like arbitration or mediation. Its core function is to provide a clear framework for managing unforeseen legal conflicts, thereby reducing uncertainty and helping both parties understand their rights and obligations if litigation becomes necessary in the future.
POPULAR SAMPLE Copied 10 times
Future Litigation. In any litigation between or among Parties, this Agreement shall not preclude discovery of Common Interest Materials, and this Agreement shall not preclude Parties from obtaining disclosure of Common Interest Materials or alter the obligations of Parties to disclose Common Interest Materials under applicable rules of Civil Procedure.
Future Litigation. (a) With respect to future Litigation, as soon as practicable after the identification of such Litigation by any Party, the Principals and any other relevant Party shall consult in good faith for the purpose of securing an agreement between the Principals regarding an appropriate allocation of responsibility for such Litigation among the Parties in accordance with the statement of intent set forth in Section 1 of this Agreement. It is the intent of the Parties that the responsibility for the Litigation be assumed fully by one Party, or that the Principals agree to allocate responsibility for such Litigation among the Parties in the same fashion as envisioned for the Schedule C Litigation.
(b) If the Principals are unable to allocate responsibility for any Litigation within a reasonable period of time following identification of such Litigation, but in any event by the earlier to occur of (x) the date by which action must be taken in connection with such Litigation to avoid prejudice to one of the Parties in connection therewith or (y) the 30th day after identification of the Litigation, then the Principals may agree that such allocations shall be as determined by any third party (such as an outside law firm) who has been granted authority by the Principals to determine such allocation, or any party may elect to cause any such allocation of responsibility to be determined by an Arbitrator as described in Section 9 hereof.
Future Litigation. The Selling Parties shall promptly advise Buyer and Atrium in writing of the commencement or threat against any Seller or, if in connection with the Business or the Purchased Assets, any other Selling Party, of (i) any claim, litigation or proceeding, and (ii) any Tax audit.
Future Litigation. Seller shall promptly advise Buyer in writing of the commencement or threat against any of the Companies of (i) any claim, litigation or proceeding, and (ii) any Tax audit.
Future Litigation. During his employment and thereafter, Employee also agrees to participate in the defense of any future litigation arising out of the period of his employment with the Company by giving advice, participating in discovery and giving deposition and trial testimony as may be necessary, as well as participation in other activities related to said defense.
Future Litigation. Subject to Article VII, with respect to any litigation, proceeding and investigation which may arise subsequent to the date hereof and which may result in joint liability on the part of both TDS and API, TDS shall have the right to make all decisions regarding the defense thereof, the sharing of expenses in connection therewith and other matters relating to such litigation, proceeding and investigation, and API agrees to cooperate fully to implement any decision made by TDS in connection therewith and to pay its share of any liability, expense or loss arising out of or relating to such litigation, proceeding and investigation as the same shall be incurred.
Future Litigation. Rio and ▇▇▇▇▇▇, jointly and/or individually, covenant and agree to forever refrain from instituting, prosecuting, maintaining, or assisting with any claims, suits and actions, which arise out of, or is or may be, in whole or in part, based upon, related to or connected with the Employment Agreement, the Resignation, the Termination, the Termination Agreement and any other matter related thereto or any way to or with respect to the subject matter of this Agreement as they relate to the parties.
Future Litigation. The Parties covenant and agree to forever refrain from encouraging, instituting, prosecuting, maintaining, assisting or participating in, any legal proceedings, suits or actions against any of the Released Parties, except if necessary to enforce this Agreement.
Future Litigation i. Each of the Parties, for itself and on behalf of any and all of its respective predecessors, successors, assigns or attorneys, hereby covenants and agrees that it will not, directly or indirectly, commence, institute, prosecute, or maintain in any manner whatsoever, any lawsuit, action or other proceeding in law, equity or otherwise, which in any way arises out of or is related to the claims waived and released pursuant to this Settlement Agreement or which seeks to rescind, terminate, invalidate or set aside this Settlement Agreement (or any of the provisions hereof) for any reason whatsoever.
ii. Should any Party or any successor, assign, or attorney of such Party, bring any action or proceeding in violation of this Sett1ement Agreement, the Party defending or otherwise responding to any such action or proceeding shall be entitled to recover all reasonable costs, expenses and attorneys’ fees actually incurred by such party in connection therewith. Similarly, in any action filed to enforce the terms of this Settlement Agreement, the prevailing party shall be entitled to recover all reasonable costs, expenses and attorneys fees actually incurred by such Party in connection therewith.
iii. This Settlement Agreement shall be deemed to have been made and delivered in California, and shall be governed as to the validity, interpretation, construction, effect and in all other respects by the internal laws of the State of California. Each Party acknowledges and agrees that any and all legal suits, actions or proceedings brought to enforce the terms of this Settlement Agreement shall be instituted exclusively in the California Superior Court, County of Los Angeles or in the United States District Court for the Central District of California. Each Party waives any objection which it may have to the venue of such suit, action or proceedings and irrevocably consents to the jurisdiction of the California Superior Court, County of Los Angeles or the United States District Court for the Central District of California in any such suit, action or proceeding.
iv. The Parties specifically acknowledge and agree that monetary damages are an inadequate remedy for breach or a threat of breach of this Settlement Agreement. In this regard, the parties hereto understand, acknowledge and agree that the rights and obligations of the Parties hereto shall, to the fullest extent allowed by law, be enforceable by specific performance, injunction or other equitable remedies; provided,...
Future Litigation. The Parties, jointly and/or individually, covenant and agree to forever refrain from instituting, prosecuting, maintaining, or assisting with any claims, suits and actions, which arise out of, or is or may be, in whole or in part, based upon, related to or connected with this Agreement, the Shares, the Option, the Royalty, the Forte Transaction, the Forte Documents and any other matter related thereto as they relate to the Parties.