Future Litigation. (a) With respect to future Litigation, as soon as practicable after the identification of such Litigation by any Party, the Principals and any other relevant Party shall consult in good faith for the purpose of securing an agreement between the Principals regarding an appropriate allocation of responsibility for such Litigation among the Parties in accordance with the statement of intent set forth in Section 1 of this Agreement. It is the intent of the Parties that the responsibility for the Litigation be assumed fully by one Party, or that the Principals agree to allocate responsibility for such Litigation among the Parties in the same fashion as envisioned for the Schedule C Litigation.
Future Litigation. In any litigation between or among Parties, this Agreement shall not preclude discovery of Common Interest Materials, and this Agreement shall not preclude Parties from obtaining disclosure of Common Interest Materials or alter the obligations of Parties to disclose Common Interest Materials under applicable rules of Civil Procedure.
Future Litigation. The Parties covenant and agree to forever refrain from encouraging, instituting, prosecuting, maintaining, assisting or participating in, any legal proceedings, suits or actions against any of the Released Parties, except if necessary to enforce this Agreement.
Future Litigation. During his employment and thereafter, Employee also agrees to participate in the defense of any future litigation arising out of the period of his employment with the Company by giving advice, participating in discovery and giving deposition and trial testimony as may be necessary, as well as participation in other activities related to said defense.
Future Litigation. Seller shall promptly advise Buyer in writing of the commencement or threat against any of the Companies of (i) any claim, litigation or proceeding, and (ii) any Tax audit.
Future Litigation. Subject to Article VII, with respect to any litigation, proceeding and investigation which may arise subsequent to the date hereof and which may result in joint liability on the part of both TDS and API, TDS shall have the right to make all decisions regarding the defense thereof, the sharing of expenses in connection therewith and other matters relating to such litigation, proceeding and investigation, and API agrees to cooperate fully to implement any decision made by TDS in connection therewith and to pay its share of any liability, expense or loss arising out of or relating to such litigation, proceeding and investigation as the same shall be incurred.
Future Litigation. The Parties, jointly and/or individually, covenant and agree to forever refrain from instituting, prosecuting, maintaining, or assisting with any claims, suits and actions, which arise out of, or is or may be, in whole or in part, based upon, related to or connected with this Agreement, the Shares, the Option, the Royalty, the Forte Transaction, the Forte Documents and any other matter related thereto as they relate to the Parties.
Future Litigation. The Selling Parties shall promptly advise Buyer and Atrium in writing of the commencement or threat against any Seller or, if in connection with the Business or the Purchased Assets, any other Selling Party, of (i) any claim, litigation or proceeding, and (ii) any Tax audit.
Future Litigation. Rio and Xxxxxx, jointly and/or individually, covenant and agree to forever refrain from instituting, prosecuting, maintaining, or assisting with any claims, suits and actions, which arise out of, or is or may be, in whole or in part, based upon, related to or connected with the Employment Agreement, the Resignation, the Termination, the Termination Agreement and any other matter related thereto or any way to or with respect to the subject matter of this Agreement as they relate to the parties.
Future Litigation. Except as provided for in Article VII hereof, Assignors and the Company, jointly and/or individually, covenant and agree to forever refrain from instituting, prosecuting, maintaining, or assisting with any claims, suits and actions, which arise out of, or is or may be, in whole or in part, based upon, related to or connected with this Agreement and any other matter related thereto or any way to or with respect to the subject matter of the Xxxxx Assets and/or this Agreement as they relate to the parties.
