Resolution of Litigation Clause Samples
The Resolution of Litigation clause outlines the procedures and mechanisms by which disputes or lawsuits arising from the agreement will be addressed and resolved. Typically, this clause specifies whether parties must attempt negotiation, mediation, or arbitration before resorting to court proceedings, and may set forth the jurisdiction or venue for any legal actions. Its core practical function is to provide a clear, agreed-upon process for handling legal disputes, thereby reducing uncertainty and potential conflict between the parties.
Resolution of Litigation. On June 6, 1997, Centocor and the Partnership reached an agreement to settle a dispute over payments owed to investors in Centocor Partners III, L.P. The settlement is subject to court approval, for which a hearing is scheduled on September 4, 1997. If approved, the agreement would result in one-time cash payments per Unit of approximately $420 in 1997, $280 in 1998, and $95 if and when ReoPro is approved for marketing in Japan. The Partnership is also entitled to receive payments based on the sales of ReoPro over the next 10 years, which have been revised under the settlement agreement. The Purchaser has considered the value of these payments in determining the Purchase Price.
Resolution of Litigation. NCRR and NSR agree that the STB compensation and federal court proceedings will be voluntarily dismissed by the parties without prejudice within twenty days of execution of this Agreement and all necessary approvals have been obtained.
(a) NCRR and NSR agree that the STB compensation and federal court proceedings will be voluntarily dismissed by the parties without prejudice within twenty days of execution of this Agreement and all necessary approvals have been obtained.
(b) Except with respect to (i) personal property claims released as set forth in Section 6, "Release" and (ii) property claims resolved as set forth in Section 21, "Other Property Issues," none of NCRR's claims for improvements, additions, betterments, improvements to real property, property rights, franchises or privileges under the Old Leases are waived or affected by virtue of the execution and delivery of this Agreement.
(c) The terms of the Old Leases create potential claims that NSR and/or A&EC would owe and be obligated to deliver to NCRR additional properties (hereinafter "Claims for Additions"). The parties acknowledge that to the extent Claims for Additions exist, the circumstance that such additional properties and/or rights may have been acquired or now be held in the name of a company affiliated with NSR or A&EC will not, of itself, be determinative of the issue of whether the Claims for Additions are valid.
(d) No claim or demand contemplated by the Old Leases for the return of real property and related railroad facilities otherwise to be determined at the expiration or termination thereof may be made until, and therefore each of them is postponed to, the termination of this Agreement or any renewal (or any cessation of service over a segment pursuant to Section 17 hereof with respect to such segment). NCRR and NSR agree that nothing in this Agreement shall abridge, estop, compromise, release or waive any such claims deferred under this Agreement and that no defense of waiver, latches, acquiescence, release, estoppel, or the like arising on or after December 31, 1994 with respect to any such claims existing on that date may be asserted by reason of NCRR's agreement not to assert such claims at this time.
Resolution of Litigation. The Company shall have resolved its litigation with Albertson's, Inc. on terms acceptable to such Investor, in such Investor's sole and absolute discretion.
Resolution of Litigation. The following litigation and proceedings shall have been dismissed with prejudice or otherwise finally resolved with respect to the Mandatory Signatory Parties:
Resolution of Litigation. The Litigation shall be resolved by filing of the stipulated judgment pursuant to section 11 below.
Resolution of Litigation. At this time and at this particular point in the process resulting from the Supreme Court’s Mt. ▇▇▇▇▇▇ ▇▇ decision, even though fair share obligations have yet to be definitively determined, it is appropriate for the Parties to resolve River Park’s intervention, provide for the construction of affordable housing for low- and moderate-income households, and generate affordable housing credits for the Township to apply to its Third Round obligation.
Resolution of Litigation. The pending litigation relating to the decision of the Nevada State Water Engineer to grant the water permits for the Mt. Hope Project shall have become final and nonappealable or dismissed with prejudice.
Resolution of Litigation. Either (a) Seller shall have resolved the matters disclosed in Exhibit 10 or (b) Buyer and Seller shall have agreed as to how those matters will be handled.
Resolution of Litigation. (1) With this Agreement the Parties conclude their Dispute by way of settlement and bring it to a comprehensive end. Each Party shall take all actions necessary to procure dismissal of the Proceedings as contemplated in this Section 3, including the execution and delivery of any and all documents and performance of any other acts reasonably requested by any other Party to effect such dismissal.
(2) For this, the Parties jointly ask each applicable Court (the "Court") to confirm the settlement by decision of the Court and request each Court to order that details of the settlement are confidential. This includes the appeal proceedings before the Court of Appeal (docket no. UPC_CoA_120/2025, APL_7604/2025), the DNI proceedings before the Central Division Paris (docket no. UPC_CFI_455/2023, ACT_589999/2023), the infringement and counterclaim for revocation proceedings before the Local Division Düsseldorf (docket no. UPC_CFI_504/2023, ACT_597323/2023; CC_20972/2024) and the infringement proceedings before the Local Division Hamburg (docket no. UPC_CFI_88/2024, ACT_10800/2024). The Parties will jointly ask the Court to confirm the settlement by decision after coordination between the legal counsels of the Parties immediately after the Parties have signed this Agreement, but not later than 3 business days after the Effective Date of the Agreement.
(3) The Parties understand that joint requests to confirm the settlement by decision of the Court finally terminate the Proceedings between the Parties. In the case that the UPC requires further declarations from the Parties to finally terminate the Proceedings between the Parties, the Parties undertake to file those declarations with the Court. This includes but is not limited to the withdrawal of an action and the declaration of consent with a withdrawal of an action.
(4) Each Party bears and is responsible for their respective attorneys’ fees, court fees and other costs and expenses. The Parties will jointly ask the Court with their request to confirm the settlement by decision to give a decision as to the costs that each Party shall bear their own costs and that no fees shall be reimbursed.
(5) ▇. ▇▇▇▇▇▇▇▇-▇▇ ▇▇▇▇▇ AG and Roche Diabetes Care GmbH shall use commercially reasonable efforts to enter into a separate agreement with the Accused Distributors on a joint request to confirm the settlement of the Proceedings by decision of the Court and a cost settlement (collectively, "Distributor Actions Settlement").
(6) Ta...
Resolution of Litigation. The parties commit to meet their obligations in good faith and to resolve via an amicable negotiation the possible discrepancies or claims that arise in the execution of the present agreement in relation to the same or with its noncompliance, rescinding or invalidity. If an agreement is not reached within the 60 days following the receipt of written notification from the other party of discrepancies, such discrepancies or claims will be resolved definitively in agreement with the Conciliation Regulation and Arbitration of the International Chamber of Commerce by one of three arbitrators named in agreement with this Regulation. The applicable law shall be Venezuelan law and the place of arbitration shall be Caracas. The arbitration process shall take place in Spanish. The presentation of an arbitration case will not represent non- compliance of the present contract. The arbitration costs shall be paid in agreement with the arbitrator's decision. The arbitrator's decision shall be definitive and will commit the parties, which in this agreement renounce all appeal rights. The arbitrator's decision will apply in conformance with the New York Convention regarding recognition and execution of Foreign Arbitration Decisions.