Xxxxxxxx Litigation Sample Clauses

Xxxxxxxx Litigation. (a) As at the Final Settlement Date the overall net recovery by the Group in relation to the final settlement or other determination of the Xxxxxxxx Litigation is less than (pound)150,000,000, after taking account of any amounts agreed or determined to be payable to Network Rail, the SRA or any other person.
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Xxxxxxxx Litigation. By signing this Agreement, the Sponsor certifies that none of the funds received from this Agreement shall be used to engage in the lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The chief executive officer of this Sponsor agency shall ensure that no grant funds awarded under this Agreement are used to engage in lobbying of the Federal Government or in litigation against the United States unless authorized under existing law. The Sponsor shall abide by its respective Attachment in 2 C.F.R. Part 200 (as updated), which prohibits the use of federal grant funds for litigation against the United States or for lobbying or other political activities. For subawards exceeding $100,000, EPA requires the following certification and disclosure forms:
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Xxxxxxxx Litigation. Following the Closing, upon the request of Zurich Insurance Group, Purchasers shall, or shall cause their applicable Affiliate to, make any Business Employees available to Zurich Insurance Group in connection with any Legal Proceedings arising out of the Xxxxxxxx Agreements. Sellers shall reimburse Purchasers for such assistance at the rates set forth in the TSA.
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Xxxxxxxx Litigation. In addition to any other adjustments to the Conversion Price required hereunder, the Conversion Price will be reduced (x) by $0.005 for each 250,000 shares of Common Stock (or Options or Convertible Securities exercisable or exchangeable or convertible therefor) of SDINC issued in connection with the settlement of the claims asserted in the XxXxxxxx Litigation as described in Exhibit E (the “XxXxxxxx Litigation”) and (y) by $0.01 for each increment of $50,000 paid in connection with the settlement of the claims asserted in the XxXxxxxx Litigation.
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Xxxxxxxx Litigation. Buyer shall permit, and shall cause HCI and HCIV to -------------------- permit, Sellers to have reasonable control over the Xxxxxxxx Litigation, including with respect to decisions to continue litigation and settle at Sellers' cost; provided that Sellers shall consult periodically with Buyer concerning the Xxxxxxxx Litigation. The Xxxxxxxx Litigation shall not be settled without the prior written approval of Sellers. In the event that Buyer or any of its affiliates receive any proceeds from the Xxxxxxxx Litigation by settlement, judgment or otherwise all such proceeds shall be the property of Sellers and Buyer shall cause the immeditate payment thereof to Sellers.
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Xxxxxxxx Litigation. HEALTHSOUTH, Seller and Buyer agree that all rights and liabilities of Seller or any Affiliate of Seller, whether or not such Affiliate is a Transferred Subsidiary, with respect to litigation brought by Seller or any Affiliate of Seller against Xxxxx Xxxxxxxx, Xxxxxx Xxxxxxxx and their Affiliates (collectively, the "Ortenzios"), or by the Ortenzios against Seller or any Affiliate of Seller, shall constitute Excluded Assets and Excluded Liabilities, and Buyer and its Affiliates shall have no rights or obligations with respect to any amounts receivable or payable with respect to the prosecution and defense of such litigation or any judgments, awards, amounts paid in settlement or other costs or proceeds of such litigation. Any liabilities which may be asserted against Buyer or its Affiliates (including, after the Closing, any Transferred Subsidiaries) with respect to such litigation shall be subject to the indemnification provisions of Sections 11.3, 11.5 and 11.6 of the Agreement. Buyer acknowledges that neither HEALTHSOUTH nor Seller has made any representation to Buyer concerning the value of such litigation. Buyer shall cause the Transferred Subsidiaries to cooperate as reasonably requested by HEALTHSOUTH or Seller, at the expense of HEALTHSOUTH or Seller, with respect to such litigation.
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Xxxxxxxx Litigation. The REIT's obligation to close is conditioned upon the settlement (as evidenced by a full release or dismissal with prejudice by the applicable court) or other disposition, acceptable to the REIT in it sole and absolute discretion, prior to Closing, of the litigation commenced by Xxxxx X. Xxxxxxxx and LRC Industries, Inc. against DKH, Inc., Stamford Xxxxxxxx Associates, L.P. and Xxxxxx X. Xxxxxxx, in the Stamford/Norwalk Judicial District, which summons had a return date of December 12, 2000, as well as any other possible ancillary litigation relating thereto which may affect either the Property or Contributor's ability to perform its obligations under this Agreement (collectively, the "Xxxxxxxx Litigation").
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Related to Xxxxxxxx Litigation

  • Settlement of Litigation 8.7.1.2 Determination by the Licensing Administrator of back royalties owed by a licensee, including any determination made by the Licensing Administrator pursuant to Section 3.5.4;

  • Third Party Litigation The undersigned agrees to be available to the Company and its affiliates on a reasonable basis in connection with any pending or threatened claims, charges or litigation in which the Company or any of its affiliates is now or may become involved, or any other claims or demands made against or upon the Company or any of its affiliates, regardless of whether or not the undersigned is a named defendant in any particular case.

  • Cooperation with Litigation During and following the termination of Executive’s employment with the Company (regardless of the reason for Executive’s termination of employment with the Company and which party initiates the termination of employment with the Company), except as required by law, Executive agrees to cooperate with and make himself readily available to the Company, the Company’s General Counsel (or equivalent position within the Company) and / or its advisers, as the Company may reasonably request, to assist it in any matter regarding Company and its subsidiaries and parent companies, including giving truthful testimony in any litigation, potential litigation or any internal investigation or administrative, regulatory, judicial or quasi-judicial proceedings involving the Company over which Executive has knowledge, experience or information. Executive acknowledges that this could involve, but is not limited to, responding to or defending any regulatory or legal process, providing information in relation to any such process, preparing witness statements and giving evidence in person on behalf of the Company. The Company shall reimburse any reasonable expenses incurred by Executive as a consequence of complying with his obligations under this clause, provided that such expenses are approved in advance by the Company.

  • Pending Litigation Financial position and prospective long-term profitability of the Single Tenderer, and in the case the Tenderer is a JV, of each member of the JV, shall remain sound according to criteria established with respect to Financial Capability under paragraph I (i) above assuming that all pending litigation will be resolved against the Tenderer. Tenderer shall provide information on pending litigations as per Form CON-2.

  • Infringement and Litigation 11.1 Each party shall promptly notify the other in writing in the event that it obtains knowledge of infringing activity by third parties, or is sued or threatened with an infringement suit, in any country in the LICENSED TERRITORY as a result of activities that concern the LICENSED PATENTS, and shall supply the other party with documentation of the infringing activities that it possesses.

  • Investigations; Litigation There is no investigation or review pending (or, to the knowledge of Parent, threatened) by any Governmental Entity with respect to Parent or any of its Subsidiaries which would have, individually or in the aggregate, a Parent Material Adverse Effect, and there are no actions, suits, inquiries, investigations or proceedings pending (or, to Parent’s knowledge, threatened) against or affecting Parent or its Subsidiaries, or any of their respective properties at law or in equity before, and there are no orders, judgments or decrees of, or before, any Governmental Entity, in each case which would have, individually or in the aggregate, a Parent Material Adverse Effect.

  • Transaction Litigation In the event that any stockholder litigation related to this Agreement or the transactions contemplated by this Agreement is brought, or, to the Knowledge of the Company, threatened, against the Company or any Indemnified Party from and following the date of this Agreement and prior to the Effective Time (such litigation, other than any Proceeding in connection with, arising out of or otherwise related to a demand for appraisal under Section 262 of the DGCL, which shall be governed by Section 4.2(g), “Transaction Litigation”), the Company shall as promptly as practicable (a) notify Parent thereof and shall keep Parent reasonably informed with respect to the status thereof, (b) give Parent an opportunity to participate in the defense and/or settlement (at Parent’s sole expense and subject to a customary joint defense agreement) of any Transaction Litigation, (c) timely consult with Parent with respect to the defense and/or settlement of any Transaction Litigation and (d) shall consider in good faith Parent’s advice and recommendations with respect to such Transaction Litigation. The Company shall not agree to settle or offer to settle any Transaction Litigation without the prior written consent of Parent (which consent shall not be unreasonably withheld, delayed, or conditioned).

  • Related Litigation The party that delivers the Arbitration Notice to the other party shall have the option to also commence concurrent legal proceedings with any state or federal court sitting in Salt Lake County, Utah (“Litigation Proceedings”), subject to the following: (a) the complaint in the Litigation Proceedings is to be substantially similar to the claims set forth in the Arbitration Notice, provided that an additional cause of action to compel arbitration will also be included therein, (b) so long as the other party files an answer to the complaint in the Litigation Proceedings and an answer to the Arbitration Notice, the Litigation Proceedings will be stayed pending an Arbitration Award (or Appeal Panel Award (defined below), as applicable) hereunder, (c) if the other party fails to file an answer in the Litigation Proceedings or an answer in the Arbitration proceedings, then the party initiating Arbitration shall be entitled to a default judgment consistent with the relief requested, to be entered in the Litigation Proceedings, and (d) any legal or procedural issue arising under the Arbitration Act that requires a decision of a court of competent jurisdiction may be determined in the Litigation Proceedings. Any award of the arbitrator (or of the Appeal Panel (defined below)) may be entered in such Litigation Proceedings pursuant to the Arbitration Act.

  • Cost of Litigation In case the STATE shall, without any fault on its part, be made a party to any litigation commenced by or against the CONTRACTOR in connection with this Contract, the CONTRACTOR shall pay all costs and expenses incurred by or imposed on the STATE, including attorneys' fees.

  • Disputes and Litigation In the event of a dispute concerning the tenancy created by this agreement, TENANT agrees that whether or not the premises are being actively managed by an AGENT for the record OWNER, TENANT agrees to hold AGENT, its heirs, employees and assigns harmless and shall look solely to the record OWNER of the premises in the event of a legal dispute. INTEGRATION: This lease and exhibits and attachments, if any, set forth the entire agreement between LANDLORD and TENANT concerning the premises, and there are no covenants, promises, agreements, conditions, or understandings, oral or written between them other than those herein set forth. If any provision in this agreement is illegal, invalid or unenforceable, that provision shall be void but all other terms and conditions of the agreement shall be in effect. MODIFICATIONS: No subsequent alteration, amendment, change or addition to this lease shall be binding upon LANDLORD unless reduced to writing and signed by the parties. RADON GAS: State law requires the following notice to be given: "Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit." ABANDONED PROPERTY: BY SIGNING THIS RENTAL AGREEMENT, THE TENANT AGREES THAT UPON SURRENDER, ABANDONMENT, OR RECOVERY OF POSSESSION OF THE DWELLING UNIT DUE TO THE DEATH OF THE LAST REMAINING TENANT, AS PROVIDED BY CHAPTER 83, FLORIDA STATUTES, THE LANDLORD SHALL NOT BE LIABLE OR RESPONSIBLE FOR STORAGE OR DISPOSITION OF THE TENANT'S PERSONAL PROPERTY. ADDITIONAL STIPULATIONS:

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