Initiation of Litigation Clause Samples

The Initiation of Litigation clause defines the conditions and procedures under which a party may commence legal proceedings against another party under the agreement. Typically, this clause outlines prerequisites such as mandatory notice periods, requirements to attempt alternative dispute resolution methods like negotiation or mediation, and the specific courts or jurisdictions where litigation may be filed. Its core practical function is to ensure that litigation is used as a last resort, promoting resolution of disputes through less adversarial means first and providing a clear, orderly process for escalating unresolved issues to the courts.
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Initiation of Litigation. After, but only after, the period for resolution of a Dispute set forth above has terminated without a resolution of a Dispute, or earlier if both Parties agree, the Dispute may be submitted for litigation. In the event that litigation is commenced, the substance of any and all communications between the Parties or their representatives pursuant to Sections 11.8(a) and (b) above shall be treated as settlement discussions and shall not be admissible as evidence in the litigation of the Dispute (except to establish, if necessary, the Parties compliance or non-compliance with the provisions of the Dispute Resolution process set forth in this Section 11.8).
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Initiation of Litigation. None of the Issuer, the Master Servicer, a Direct Servicer or the Trustee will be required to institute or join in litigation with respect to the collection of any payment (whether under a Mortgage Document or otherwise or against any public or governmental authority with respect to a taking or condemnation) if that Person reasonably believes that enforcing any provision of the Mortgage Documents pursuant to which the payment is required is prohibited by applicable law, including any decision or order of a court in a bankruptcy proceeding or other litigation.
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Initiation of Litigation. The Parties hereto understand and agree that Sumter County, a political subdivision of the state of Florida, and party hereto, is a governmental entity of limited funds that is dependent upon the income derived from taxpayers. Therefore, the Vendor entering into this agreement with Sumter County agrees that it will deposit, prior to initiating litigation (by filing a complaint or other pleading with a court of competent jurisdiction as described above herein, that requires a responsive pleading or other action by Sumter County) the irrevocable, nonrefundable sum of $25,000 to the control of the Clerk of the Court in and for Sumter County, Florida or such other designated account as maybe designated by Sumter County. Said funds shall be used by Sumter County in any manner that Sumter County deems appropriate in its sole and absolute discretion.
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Initiation of Litigation. The Depositary Bank shall not be required to initiate or conduct any litigation or collection proceeding hereunder or under any other Financing Document.
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Initiation of Litigation. For all Claims and any other legal action, the Association will not initiate any judicial or administrative proceeding unless first approved by a Majority of the Board and the Founder. The Founder’s consent hereunder may be withheld in the Founder’s sole and absolute discretion. This Section will not be amended unless approved by a Majority of the Board and the Founder.
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Initiation of Litigation. The taxes, fees, and charges (including interest) shall inure to and be Seller shall, upon the request of the Company with the approval of for the sole benefit of the Government. the Government, initiate litigation against third parties, including proceedings before administrative agencies, in connection with this
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Initiation of Litigation. The subcontract. Seller shall, upon the request of the Company with the approval of the Government, initiate litigation against third parties, including
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Initiation of Litigation. The Federal Acquisition Regulation in effect on the date of this Seller shall, upon the request of the Company with the approval of subcontract. the Government, initiate litigation against third parties, including
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Initiation of Litigation. The Administrator shall not have the authority to institute any legal action on behalf of the Company relating to the Business against any Member, Provider, Broker/Consultant or Contract Holder, in each case in their capacity as such, or Governmental Entity, without the written consent of the Company, which consent may be withheld in the sole discretion of the Company. For the avoidance of doubt, notwithstanding the foregoing, the Administrator shall have the authority to institute any legal action on behalf of the Company relating to the Business against any Person other than a Member, Provider, Broker/Consultant or Contract Holder, in each case in their capacity as such, or Governmental Entity; provided, that in such matters, the Administrator shall receive the Company’s prior written consent (which consent shall not be unreasonably withheld, conditioned or delayed). Should the Administrator recommend, in good faith and consistent with past practice of the Company, the initiation of any legal action referenced in the preceding two sentences (to the extent such action reasonably alleges amounts owed to the Company or involves fraud and abuse with respect to the Administered Contracts) in order to make claims against parties for monetary damages potentially due to the Company, and should the Company refuse to give such consent, then United will pay to the Administrator the amount of the mutually agreed upon monetary damages, to the extent the damages would not be a Buyer Cost (as defined in the Stock Purchase Agreement), that would become due to the Company were the Company to bring a legal action against such third party and prosecute such legal action to conclusion, excluding any alleged punitive or consequential damages. To the extent United and the Administrator are unable to mutually agree on the amount of the monetary damages due the Company, such dispute shall be subject to arbitration pursuant to Section 12.3, and upon final resolution thereof, United will pay to the Administrator the amount of damages determined by the Baseball Arbitrator within five (5) Business Days. 8 This provision is found only in the Administrative Services Agreement of Health Net of New York, Inc.
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Related to Initiation of Litigation

  • Notification of litigation The Borrower will provide the Agent with details of any legal or administrative action involving the Borrower, any Security Party, the Approved Manager, any Ship or the Earnings or the Insurances of any Ship as soon as such action is instituted or it becomes apparent to the Borrower that it is likely to be instituted, unless it is clear that the legal or administrative action cannot be considered material in the context of any Finance Document.

  • Defense of Litigation To appear in and defend any action or proceeding that may affect its title to or Secured Party’s interest in the Collateral.

  • Stay of Litigation The Parties agree that upon the execution of this Agreement the litigation shall be stayed, except to effectuate the terms of this Agreement. The Parties further agree that upon the signing of this Agreement that pursuant to CCP section 583.330 to extend the date to bring a case to trial under CCP section 583.310 for the entire period of this settlement process.

  • Notice of Litigation and Judgments The Borrower will give notice to the Agent in writing within five (5) Business Days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower, any Guarantor or any of their respective Subsidiaries or to which the Borrower, any Guarantor or any of their respective Subsidiaries is or is to become a party involving an uninsured claim against the Borrower, any Guarantor or any of their respective Subsidiaries that could either reasonably be expected to cause a Default or could reasonably be expected to have a Material Adverse Effect and stating the nature and status of such litigation or proceedings. The Borrower will give notice to the Agent, in writing, in form and detail reasonably satisfactory to the Agent and each of the Lenders, within ten (10) days of any judgment not covered by insurance, whether final or otherwise, against the Borrower or any of their respective Subsidiaries in an amount in excess of $10,000,000.00.

  • Notice of Litigation Each Purchaser shall promptly notify the applicable Seller upon becoming aware of any Proceedings or threatened Proceedings concerning any Serviced Appointment (whether or not the Sellers are named in such Proceedings), in each case, excluding Proceedings in servicer-managed mortgage-level litigation with respect to residential mortgage-backed securities transactions. Notices pursuant to this Section 6.4 will be delivered to the notice recipient designated on Annex B.