Common use of Action or Proceeding between the Parties Clause in Contracts

Action or Proceeding between the Parties. Each Party acknowledges that it is a "local agency" within the meaning of § 394(c) of the California Code of Civil Procedure ("CCP"). Each Party further acknowledges that any action or proceeding commenced by one Party against another Party would, under § 394(a) of the CCP, as a matter of law be subject to: (1) being transferred to a Neutral County, or instead (2) having a disinterested judge from a Neutral County assigned by the Chairman of the Judicial Council to hear the action or proceeding. (3) In the event an action is filed by any Party against another Party or Parties to enforce this Agreement and to obtain damages for its alleged breach, each Party hereby: (i) Stipulates to the action or proceeding being transferred to a Neutral County or to having a disinterested judge from a Neutral County assigned to hear the action; (ii) Waives the usual notice required under the law-and-motion provisions of Rule 317 of the California Rules of Court; (iii) Consents to having any motion under § 394(c) heard with notice as an ex parte matter under Rule 379 of the California Rules of Court; and (iv) Acknowledges that this Agreement, and in particular this Section 10.3, may be submitted to the court as part of the moving papers. (4) Nothing in this Section 10.3, however, shall impair or limit the ability of a Party to contest the suitability of any particular county to serve as a Neutral County, or shall operate to waive any other rights.

Action or Proceeding between the Parties. Each Party acknowledges that it is a "local agency" within the meaning of § 394(c) of the California Code of Civil Procedure ("CCP"). Each Party further acknowledges that any action or proceeding commenced by one Party against another Party the other would, under § 394(a) of the CCP, as a matter of law be subject to: (1) to being transferred to a "Neutral County, ," or instead (2) , having a disinterested judge from a Neutral County assigned by the Chairman of the Judicial Council to hear the action or proceeding. (3) In the event an action is filed by any Party against another Party or Parties to enforce this Agreement and to obtain damages for its alleged breach, each Party hereby. Each party therefore: (i1) Stipulates to the action or proceeding being transferred to a Neutral County or to having a disinterested judge from a Neutral County assigned to hear the actionaction or proceeding; (ii2) Waives the usual notice required under the law-and-motion provisions of Rule 317 of the California Rules of Court; (iii3) Consents to having any motion under § 394(c) heard with notice as an ex parte matter under Rule 379 of the California Rules of Court; and (iv4) Acknowledges that this Agreement, and in particular this Section 10.3section, may be submitted to the court as part of the moving papers. (4) Nothing in this Section 10.3, however, shall impair or limit the ability of a Party to contest the suitability of any particular county to serve as a Neutral County, or shall operate to waive any other rights.

Action or Proceeding between the Parties. Each Party acknowledges that it is a "local agency" within the meaning of § 394(c) of the California Code of Civil Procedure ("CCP"). Each Party further acknowledges that any action or proceeding commenced by one Party against another Party the other would, under § 394(a) of the CCP, as a matter of law be subject to: (1a) being Being transferred to a "Neutral County, or instead," or (2b) Instead, having a disinterested judge from a Neutral County assigned by the Chairman of the Judicial Council to hear the action or proceeding. (3) In . A "Neutral County" is one in which neither the event an action Authority nor the IID is filed by any Party against another Party or Parties to enforce this Agreement and to obtain damages for its alleged breach, each situated. Each Party hereby: (ia) Stipulates to the action or proceeding being transferred to a Neutral County or to having a disinterested judge from a Neutral County assigned to hear the actionaction or proceeding; (iib) Waives the usual notice required under the law-and-motion provisions of Rule 317 of the California Rules of Court; (iiic) Consents to having any motion under § 394(c) heard with notice as an ex parte matter under Rule 379 of the California Rules of Court; and (ivd) Acknowledges that this Agreement, and in particular this Section 10.3section, may be submitted to the court as part of the moving papers. (4) . Nothing in this Section 10.3section, however, shall impair impairs or limit limits the ability of a Party to contest the suitability of any particular county to serve as a Neutral County, or shall operate to waive any other rights.