No Court Action Clause Samples

The "No Court Action" clause prohibits the parties involved from initiating lawsuits or seeking remedies through the court system for disputes arising under the agreement. Instead, it typically requires that any disagreements be resolved through alternative dispute resolution methods, such as arbitration or mediation. This clause is designed to prevent costly and time-consuming litigation, encouraging the parties to settle disputes privately and efficiently.
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No Court Action. No action, suit or proceeding shall have been instituted or shall have been threatened before any court or other governmental body or by any public authority to restrain, enjoin or prohibit the transactions contemplated herein, or which might subject any of the parties hereto or their directors or officers to any material liability, fine, forfeiture or penalty on the grounds that the transactions contemplated hereby, the parties hereto or their directors or officers, have violated any applicable law or regulation or have otherwise acted improperly in connection with the transactions contemplated hereby, and the parties hereto have been advised by counsel that, in the opinion of such counsel, such action, suit or proceeding raises substantial questions of law or fact which could reasonably be decided adversely to any party hereto or its directors or officers.
No Court Action. Neither the Issuer nor the Purchaser being precluded by an order or preliminary or permanent injunction of a, court of competent jurisdi ction from consummating the sale and purchase of the Shares pursuant to this Agreement (each party agreeing to use its reasonable best efforts to have any such injunction lifted ); and
No Court Action. The Parties shall not take any steps to resolve a dispute in Court before such time as the notice periods set out in 10.1 herein have expired, or by written agreement of the parties.
No Court Action. No court action or arbitration, with respect to any Disputes, may be commenced unless the parties first attempt negotiation and have submitted to mediation. Neither party may commence arbitration or litigation with respect to the matters submitted to mediation until the completion of the initial mediation session, or forty-five (45) days after the date of filing the written request for mediation, whichever occurs first.
No Court Action. Exception. No action at law or in equity or otherwise, may be brought on any claim or other matter whatsoever against the Fund, the Trustees, or any of them, unless the Appeal Procedure has been followed. This provision, permitting court action, shall not be deemed to extent or reinstitute any claim or cause of action which has expired under the time limits set forth in this Trust Agreement, or in any Plan Document or regulations of the Trustees or under any Statute if such time limit has already expired. This Section shall not apply to matters covered entirely, or purportedly covered, by the terms of any insurance policy procured by the Trustees where the action is brought against the insurance company and not the Trustees.

Related to No Court Action

  • COURT ACTION If a judgment of dissolution of marriage is obtained by either ▇▇▇▇▇▇, the original of this Agreement shall be attached to the judgment. The court shall be requested to do the following: a.) Approve the entire Agreement as fair and equitable; b.) Order the Couple to comply with all of its executory provisions; c.) Merge the provisions relating to child custody and visitation, Child Support, Spousal Support, future acts with respect to property division, attorney fees and costs, and income tax, and only those provisions, into the judgment; and d.) Incorporate the remainder of the Agreement in the judgment for the sole purpose of identification.

  • Court Actions Nothing contained in this Agreement shall deny either Party the right to seek injunctive or other equitable relief from a court of competent jurisdiction in the context of a bona fide emergency or prospective irreparable harm, and such an action may be filed and maintained notwithstanding any ongoing discussions between the Parties or any ongoing arbitration proceeding. In addition, either Party may bring an action in any court of competent jurisdiction to resolve disputes pertaining to the validity, construction, scope, enforceability, infringement or other violations of Patent Rights or other intellectual property rights, and no such claim shall be subject to arbitration pursuant to Section 11.2.

  • Litigation; Proceedings Except as specifically disclosed in the Disclosure Materials, there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) adversely affects or challenges the legality, validity or enforceability of any Transaction Document or the Securities or (ii) could, individually or in the aggregate, have or result in a Material Adverse Effect.

  • No Proceedings or Litigation No action, suit or proceeding before any arbitrator or any governmental authority shall have been commenced, and no investigation by any governmental authority shall have been threatened, against the Company or any Subsidiary, or any of the officers, directors or affiliates of the Company or any Subsidiary seeking to restrain, prevent or change the transactions contemplated by this Agreement, or seeking damages in connection with such transactions.

  • Jury Duty and Court Appearances Leave of absence without loss of pay and benefits will be provided to an employee summoned to serve on a jury or when subpoenaed or summoned as a witness in a criminal or civil proceeding not occasioned by the employee's private affairs, or when the employee accompanies a dependent child when the child is subpoenaed or summoned to appear as a witness in a criminal or civil proceeding. An employee in receipt of pay or benefits under this Article has the responsibility to reimburse the employer all monies paid to him/her by the Court, except travelling and meal allowances not reimbursed by the employer.