INCONSISTENT CLAIMS Sample Clauses

The INCONSISTENT CLAIMS clause serves to address situations where a party makes multiple claims or statements that contradict each other within a legal document or proceeding. In practice, this clause allows a party to present alternative or even conflicting claims or defenses without being penalized for inconsistency at the outset, such as alleging both breach of contract and, alternatively, that no contract existed. Its core function is to ensure that parties can fully protect their interests by exploring all possible legal theories, especially when the facts are uncertain or disputed, thereby preventing premature dismissal of potentially valid arguments.
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INCONSISTENT CLAIMS. In the event that the Escrow Agent should at any time be confronted with inconsistent claims or demands by the parties hereto, the Escrow Agent shall have the right to interplead said parties in any court of competent jurisdiction in Rhode Island, and request that such court determine such respective rights of the parties with respect to this Escrow Agreement, and upon doing so, the Escrow Agent automatically shall be released from any obligations or liability as consequence of any such claims or demands.
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INCONSISTENT CLAIMS. In the event that Escrow Agent should at any time be confronted with inconsistent claims or demands by the parties hereto, Escrow Agent shall have the right to interplead said parties in any court of competent jurisdiction and request that such court determine the respective rights of the parties with respect to this Escrow Agreement, and upon doing so, Escrow Agent automatically shall be released from any obligations or liability as a consequence of any such claims or demands.
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INCONSISTENT CLAIMS. In the event that the Escrow Agent should at any time be confronted with inconsistent claims or demands by the parties hereto, the Escrow Agent shall have the right to commence an arbitration proceeding in the Tampa, Florida office of the American Arbitration Association and request a determination of the respective rights of the parties under this Agreement. FEES OF THE ESCROW AGENT. The Escrow Agent shall be entitled to compensation in accordance with the schedule set forth in Exhibit "B" hereto, and it shall have a first lien upon any funds held by it for payment of such compensation and reimbursement of any expenses. As between the parties, the cost of such compensation and expenses shall be paid one-half (1/2) by the Shareholders and one-half (1/2) by II-VI Lightning. MISCELLANEOUS. The Escrow Agent may execute any of its powers or responsibilities hereunder and exercise any rights hereunder either directly or by or through its agents or attorneys. The Escrow Agent shall not be liable for the performance of such agents or attorneys selected by it with due care. Nothing in this Agreement shall be deemed to impose upon the Escrow Agent any duty to qualify to do business or to act as fiduciary or otherwise in any jurisdiction. The Escrow Agent shall not be responsible for and shall not be under a duty to examine or pass upon he validity, binding effect, execution or sufficiency of this Agreement or of any agreement amendatory or supplemental hereto. COUNTERPARTS. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
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INCONSISTENT CLAIMS. In the event that the Disbursing Agent should at any time be confronted with inconsistent claims or demands by any of the parties hereto, the Senior Facility Agent, the Mezz Facility Agent, the New Senior Facility Agent, the New Junior Facility Agent, the Security Trustee or the Holders, or any transferee, assignee, heir, representative or legatee thereof, the Disbursing Agent shall be entitled, at its sole election, to refuse to comply with any such conflicting claims or demands. In so refusing, the Disbursing Agent may elect to make no payment or distribution to the Holder or other party involved, and in so doing the Disbursing Agent shall not be or become liable to any of such parties for its failure or refusal to comply with any of such conflicting claims or demands. The Disbursing Agent shall be entitled to refrain and refuse to act until (i) the rights of the adverse claimants have been adjudicated by a Final Order of the Bankruptcy Court or other court of competent jurisdiction or
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INCONSISTENT CLAIMS. In the event that the Escrow Agent should at any time be confronted with inconsistent claims or demands by the parties hereto, the Escrow Agent shall have the right to interplead said parties in any court of competent jurisdiction in New York, and request that such court determine such respective rights of the parties with respect to this Escrow Agreement, and upon doing so, the Escrow Agent automatically shall be released from any obligations or liability as consequence of any such claims or demands.
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Related to INCONSISTENT CLAIMS

  • Inconsistent Agreements Not, and not permit any other Loan Party to, enter into any agreement containing any provision which would (a) be violated or breached by any borrowing by the Company hereunder or by the performance by any Loan Party of any of its Obligations hereunder or under any other Loan Document, (b) prohibit any Loan Party from granting to the Administrative Agent and the Lenders, a Lien on any of its assets or (c) create or permit to exist or become effective any encumbrance or restriction on the ability of any Subsidiary to (i) pay dividends or make other distributions to the Company or any other Subsidiary, or pay any Debt owed to the Company or any other Subsidiary, (ii) make loans or advances to any Loan Party or (iii) transfer any of its assets or properties to any Loan Party, other than (A) customary restrictions and conditions contained in agreements relating to the sale of all or a substantial part of the assets of any Subsidiary pending such sale, provided that such restrictions and conditions apply only to the Subsidiary to be sold and such sale is permitted hereunder (B) restrictions or conditions imposed by any agreement relating to purchase money Debt, Capital Leases and other secured Debt permitted by this Agreement if such restrictions or conditions apply only to the property or assets securing such Debt and (C) customary provisions in leases and other contracts restricting the assignment thereof.

  • Inconsistent Provisions Each Service may be governed by separate terms and conditions in addition to this Schedule and the Related Agreement(s). Except where specifically provided to the contrary in this Schedule, in the event that such separate terms and conditions conflict with this Schedule and the Related Agreement(s), the provisions of this Schedule shall prevail to the extent this Schedule applies to the transaction in question.

  • No Inconsistent Actions The parties hereto shall not voluntarily undertake or fail to undertake any action or course of action inconsistent with the provisions or essential intent of this Agreement. Furthermore, it is the intent of the parties hereto to act in a fair and reasonable manner with respect to the interpretation and application of the provisions of this Agreement.

  • Inconsistent Terms In the event of any inconsistency between the terms of this Operating Plan and those of either the Investment Advisory Agreement or the Fund Administration Agreement, the terms of the Investment Advisory Agreement or Fund Administration Agreement shall control, but only to the extent of such inconsistency.

  • No Inconsistent Action Seller shall not take any action that is inconsistent with its obligations under this Agreement or that could hinder or delay the consummation of the transactions contemplated by this Agreement.