Common use of Requirement of Undertaking Clause in Contracts

Requirement of Undertaking. The Trustees may request any court to require, and any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Agreement, or in any action, suit or other proceeding against the Trustees for any action taken or omitted by them as Trustees, the filing by any party litigant in such action, suit or other proceeding of an undertaking to pay the costs of such action, suit, or other proceeding, and such court may in its discretion assess reasonable costs, including reasonable attorneys' fees, against any party litigant in such action, suit or other proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 11.3 shall not apply to any action, suit or other proceeding by the Trustees; and provided, further, that no provision of this Section 11.3 shall in any manner limit any Person's right to indemnification under Section 7.6 ARTICLE XII

Requirement of Undertaking. The Trustees may request any court to require, and any court may in its discretion require, in any action, suit or proceeding for the enforcement of any right or remedy under this Agreement, or in any action, suit or other proceeding against the Trustees for any action taken or omitted by them as Trustees, the filing by any party litigant in such action, suit or other proceeding of an undertaking to pay the costs of such action, suit, or other proceeding, and such court may in its discretion assess reasonable costs, including reasonable attorneys' fees, against any party litigant in such action, suit or other proceeding, having due regard to the merits and good faith of the claims or defenses made by such party litigant; provided, however, that the provisions of this Section 11.3 shall not apply to any action, suit or other proceeding by the Trustees; and provided, further, that no provision of this Section 11.3 shall in any manner limit any Person's right to indemnification under Section 7.6 ARTICLE XII7.6