New Litigation Clause Samples
The "New Litigation" clause defines the procedures and obligations of the parties if new legal proceedings arise after the agreement is executed. Typically, this clause requires parties to promptly notify each other of any new lawsuits, claims, or regulatory actions that may affect the agreement or the parties' interests. It may also outline how the parties will cooperate in responding to such litigation or allocate responsibility for legal costs. The core function of this clause is to ensure transparency and coordinated action in the face of unforeseen legal challenges, thereby minimizing disruption and managing risk.
New Litigation. Except as described or referred to in the PPM, there shall not have commenced against Acquiror or Sangen any new legal proceedings (or against their respective officers, directors or Affiliates with respect to matters pertaining to Acquiror or Sangen) that if disposed of adversely to Acquiror or Sangen would have a material adverse effect on the business, properties, financial condition or results of operations of Acquiror or Sangen.
New Litigation. Except for claims concerning enforcement of this Agreement, neither party shall initiate any new litigation claims against the other party prior to Closing or the termination of this Agreement. The parties agree that the
New Litigation. Before commencing any action or other proceeding relating to any Governmental Action within the Traditional Territory, the Songhees Indian Band will:
a) notify the Province of any interests it may have that may be impacted by the Governmental Action; and
b) participate in the dispute resolution process set out in 14.1-14.3.
New Litigation. If, at any time within 10 years of the Closing Date, ▇▇▇ ▇▇▇ Kum intends to commence a Proceeding relating to any Government Action within the Traditional Territory, ▇▇▇ ▇▇▇ Kum will notify the Province of its intent to commence the Proceeding and its reasons for doing so. Once the Province has received the notification, the Parties will meet within 30 days to discuss and attempt to resolve the matter.
New Litigation. Before commencing any action or other proceeding relating to any Governmental Action within the Traditional Territory, the Nanoose Indian Band will:
a) notify the Province of any interests it may have that may be impacted by the Governmental Action; and
b) participate in the dispute resolution process set out in 15.1-15.3.
New Litigation. Other than in respect of any adverse claim by any Party or any of its Affiliates against another Party and/or its Affiliates, in the event and for so long as any Party or its respective Affiliates is prosecuting, contesting or defending any Proceeding against or by a third party in connection with (a) the Transactions or (b) any fact, situation, circumstance, status, condition, activity, practice, plan, occurrence, event, incident, action, failure to act, or transaction relating to, in connection with or arising from the ContentCo Business, the ContentCo Group or the Purchased Rights, each Party shall, and shall cause its Subsidiaries and its and their respective Representatives to, reasonably cooperate with the other Party and its Affiliates and its agents in such prosecution, contest or defense, including making available its personnel and providing such testimony and access to its books and records as shall be reasonably necessary in connection with such prosecution, contest or defense; provided, that if a Party reasonably believes upon advice of counsel that such cooperation, testimony or access would breach attorney-client, work product or similar privilege or any confidentiality obligations set forth in written agreements with third parties, the Parties shall cooperate in seeking a reasonable alternative means whereby the requesting Party and its Affiliates and its agents are provided such cooperation, testimony or access in a manner that does not jeopardize such privilege or protection or breach such obligation.
New Litigation. Before commencing any action or other proceeding relating to any Governmental Action within the Traditional Territory, the T’Sou-ke Indian Band will:
a) notify the Province of any interests it may have that may be impacted by the Governmental Action; and
b) participate in the dispute resolution process set out in 15.1-15.3.
New Litigation. Before commencing any action or other proceeding relating to any Governmental Action within the Traditional Territory, the Malahat Indian Band will:
a) notify the Province of any interests it may have that may be impacted by the Governmental Action; and
b) participate in the dispute resolution process set out in 15.1-15.3.
New Litigation. Before commencing any Proceeding relating to any decision by the Province with respect to the use of resources or the disposition of land within shíshálh Territory, the shíshálh Nation will, except in the case of an injunction or other urgent Proceedings:
a) give the Province at least 60 days’ notice of its intent to commence a Proceeding; and
b) if requested, meet with the Province prior to the commencement of any Proceeding to discuss the circumstances giving rise to the notice under 14.1(a) and to determine if there is a basis for its rescission.
New Litigation. Subject to an urgent time-sensitive matter, before commencing any Proceeding relating to any Government Action within the Traditional Territory, the Halalt First Nation will:
(1) notify the Province of any interests it may have that may be impacted by the Government Action; and
(2) participate in a good faith dispute resolution process set out in sections 11 .