Notice of Requested Order. Except in cases in which DSI is alleged to be in breach of this Agreement, if Depositor or a Preferred Beneficiary initiates proceedings to obtain an order from the arbitrator or any court of competent jurisdiction which may direct DSI to take, or refrain from taking any action, prior to initiating the action the party seeking an order shall: a. Give DSI at least two business days' prior notice of the hearing; b. Include in any such order that, as a precondition to DSI's obligation, DSI be paid in full for any past due fees and be paid for the reasonable value of the services to be rendered pursuant to such order; and c. Ensure that DSI not be required to deliver the original (as opposed to a copy) of the Deposit Materials if DSI may need to retain the original in its possession to fulfill any of its other escrow duties.
Appears in 2 contracts
Sources: Development and Purchase and Sale Agreement (Airvana Inc), Development and Purchase and Sale Agreement (Airvana Inc)