Action, suit or other proceeding Sample Clauses

Action, suit or other proceeding. Promptly after the receipt by ECC of notice of any demand or claim or the commencement of any action, suit or proceeding, which in any way, directly or indirectly, arises out of or relates to this Agreement, the services of ECC hereunder, or the Escrow Allowances held by it hereunder, ECC shall notify the Representative in writing. In the event of the receipt of such notice, ECC shall at the request of the Representative provide all reasonable assistance to determine ownership or disposition of the Escrow Allowances or deposit the Escrow Allowances with the clerk of any appropriate court or retain the Escrow Allowances pending receipt of a final, non-appealable order of a court having jurisdiction over all of the Parties hereto directing to whom and under what circumstances the Escrow Allowances are to be disbursed and delivered. The provisions of this Article 11 shall survive in the event ECC resigns or is discharged pursuant to Article 12 below.
Sample 1
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Action, suit or other proceeding. The Custodian shall without delay notify the Representative in writing after the receipt by Custodian of notice of any demand or claim or the commencement of any action, suit or proceeding, which in any way, directly or indirectly, arises out of or relates to (i) this Agreement, (ii) the services of Custodian hereunder, or (iii) the Custodial Allowances held by it hereunder. Upon the receipt of such notice, Custodian shall at the request of the Representative provide all reasonable assistance to determine ownership or disposition of the Custodial Allowances or deposit the Custodial Allowances with the clerk of any appropriate court or retain the Custodial Allowances pending receipt of a final, non-appealable order of a court having jurisdiction over all of the parties hereto directing to whom and under what circumstances the Custodial Allowances are to be disbursed and delivered or returned. The provisions of this Article shall survive in the event Custodian resigns or is discharged pursuant to Article 12 below.
Sample 1
Action, suit or other proceeding. The Escrow Agent shall without delay notify the Representative in writing after the receipt by the Escrow Agent of notice of any demand or claim or the commencement of any action, suit or proceeding, which in any way, directly or indirectly, arises out of or relates to (i) this Agreement, (ii) the services of the Escrow Agent hereunder, or (iii) the Escrow Allowances held by it hereunder. Upon the receipt of such notice, the Escrow Agent shall at the request of the Representative provide all reasonable assistance to determine ownership or disposition of the Escrow Allowances or deposit the Escrow Allowances with the clerk of any appropriate court or retain the Escrow Allowances pending receipt of a final, non-appealable order of a court having jurisdiction over all of the Parties hereto directing to whom and under what circumstances the Escrow Allowances are to be disbursed and delivered or returned. The provisions of this Article 8 shall survive in the event the Escrow Agent resigns or is discharged pursuant to Article 9 below.
Sample 1

Related to Action, suit or other proceeding

  • Litigation and Other Proceedings Except as disclosed in the SEC Documents, there are no lawsuits or proceedings pending or, to the knowledge of the Company, threatened, against the Company or any subsidiary, nor has the Company received any written or oral notice of any such action, suit, proceeding or investigation, which could reasonably be expected to have a Material Adverse Effect. Except as set forth in the SEC Documents, no judgment, order, writ, injunction or decree or award has been issued by or, to the knowledge of the Company, requested of any court, arbitrator or governmental agency which could result in a Material Adverse Effect.

  • Court Action or Other Legal Processes (a) Notwithstanding any other law to the contrary, the liability of NYSERDA to make an interest payment to a Contractor pursuant to this Exhibit shall not extend beyond the date of a notice of intention to file a claim, the date of a notice of a claim, or the date commencing a legal action for the payment of such interest, whichever occurs first.

  • Legal Action If you are dissatisfied with the determination of your claim, and have complied with applicable state and federal law, you are entitled to seek judicial review. This review will take place in an appropriate court of law. Under state law, you may not begin court proceedings prior to the expiration of sixty (60) days after the date you filed your claim. In no event may legal action be taken against us later than three (3) years from the date you were required to file the claim. For members covered by a group (employer sponsored) health plan, your plan may be subject to the Employee Retirement Income Security Act of 1974 (ERISA), as amended. Under federal law, if your plan is subject to ERISA you may have the right to bring legal action under section 502(a) of ERISA after you have exhausted all appeals available under the plan. That means, for both medical and administrative appeals, federal law requires that you pursue a final decision from the plan, prior to filing suit under section 502(a) of ERISA. For a medical appeal, that final decision is the determination of the appeal. You are not required to submit your claim to external review prior to filing a suit under section 502(a) of ERISA. Consult your employer to determine whether this applies to you and what your rights and obligations may be. If you are dissatisfied with the decision on your claim, and have complied with applicable state and federal law, you are entitled to seek judicial review. This review will take place in an appropriate court of law.

  • Final Judgment The Arbitration Award shall be final and binding upon the parties thereto and shall be the sole and exclusive remedy between such parties relating to the Dispute, including any claims, counterclaims, issues or accounting presented to the arbitrators. Judgment upon the Arbitration Award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no application or appeal to any court of competent jurisdiction may be made in connection with any question of law arising in the course of arbitration or with respect to any award made except for actions relating to enforcement of this agreement to arbitrate or any arbitral award issued hereunder and except for actions seeking interim or other provisional relief in aid of arbitration proceedings in any court of competent jurisdiction.

  • Suspension or Termination of Proceedings 1. The Parties may agree that the arbitral panel suspends its work at any time for a period not exceeding 12 months from the date of such agreement. If the work of the arbitral panel has been suspended for more than 12 months, the authority for establishment of the arbitral panel shall lapse unless the Parties agree otherwise.

  • Termination of Proceedings In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case, the Issuer, the Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

  • Initiation of Proceedings (1) At the request of either Contracting Party a dispute concerning the interpretation or application of this Agreement may be submitted to an arbitral tribunal for decision not earlier than 60 days after such request has been notified to the other Contracting Party.

  • Further Proceedings The Contract Dispute Resolution Board shall permit the Contractor to present its case by submission of memoranda, briefs, and oral argument. The Contract Dispute Resolution Board shall also permit NYCDOT to present its case in response to the Contractor by submission of memoranda, briefs, and oral argument. If requested by the City Corporation Counsel, the Comptroller shall provide reasonable assistance in the preparation of the Agency’s case. Neither the Contractor nor NYCDOT may support its case with any documentation or other material that was not considered by the Comptroller, unless requested by the Contract Dispute Resolution Board. The Contract Dispute Resolution Board, in its discretion, may seek such technical or other expert advice as it shall deem appropriate and may seek, on its own or upon application of a party, any such additional material from any party as it deems fit. The Contract Dispute Resolution Board, in its discretion, may combine more than one dispute between the parties for concurrent resolution.

  • Discontinuance of Proceedings In case the Collateral Agent shall have instituted any proceeding to enforce any right, power or remedy under this Agreement by foreclosure, sale, entry or otherwise, and such proceeding shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Collateral Agent, then and in every such case the relevant Assignor, the Collateral Agent and each holder of any of the Obligations shall be restored to their former positions and rights hereunder with respect to the Collateral subject to the security interest created under this Agreement, and all rights, remedies and powers of the Collateral Agent shall continue as if no such proceeding had been instituted.

  • Notice of Proceedings The Board Member shall promptly notify the Secretary of the Fund in writing upon being served with any summons, citation, subpoena, complaint, indictment, information or other document relating to any Proceeding which may be subject to indemnification or advancement of expense pursuant to this Agreement, but no delay in providing such notice shall in any way limit or affect the Board Member’s rights or the Fund’s obligations under this Agreement.

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