Controversy. If any controversy arises with respect to the Trust, the Trustee shall take action as directed by the Committee or, in the absence of such direction or after a Change in Control, as it deems advisable, whether by legal proceedings, compromise or otherwise. The Trustee may retain the funds or property involved without liability pending settlement of the controversy. The Trustee shall be under no obligation to take any legal action of whatever nature unless there shall be sufficient property in the Trust to indemnify the Trustee with respect to any expenses or losses to which it may be subjected.
Controversy. In the event of any controversy, claim or dispute between or among the parties hereto affecting or relating to the purposes or subject matter of this Agreement, the prevailing party or parties shall be entitled to recover from the nonprevailing party or parties all of its expenses, including, but not by way of limitation, attorneys’ fees.
Controversy. In the event of any controversy, claim, or dispute ----------- between Executive and the Bank arising out of or relating to this Agreement, the prevailing party shall be entitled to recover as costs from the non-prevailing party reasonable expenses, including, but not by way of limitation, attorneys' fees and accountant's fees.
Controversy. This Agreement shall be governed by and interpreted in accordance with the laws of the province of Nova Scotia, Canada. If any conditions or terms conflict with those in this Agreement, then the terms in this Agreement shall prevail.
Controversy. If any controversy arises between the parties hereto or with any third person, the Escrow Agent shall not be required to determine the same or to take any action but may await the settlement of any such controversy by final appropriate legal proceeding, or otherwise as the Escrow Agent may require, or the Escrow Agent may, in its discretion, institute such appropriate interpleader or other proceedings in connection therewith as it may deem proper, notwithstanding anything in this Agreement to the contrary. In any such event, the Escrow Agent shall not be liable for interest or damages to the Issuer or the Certificate holders.
Controversy. Neither Party may file a claim against the other without first participating in good faith in mediation with a trained and neutral mediator. The Parties shall share the expenses of mediation, except that shared expenses shall not include the cost incurred by a Party for presentation before the mediator or representation by an attorney at the mediations, if such representation is desired. If not settled at mediation, the dispute will be settled by arbitration in accordance with the rules of the American Arbitration Association, and judgment on the arbitration award may be entered in any court of competent jurisdiction. Attorney’s fees and costs will be awarded by the Arbitrator to the prevailing party.
Controversy. As used herein, the term “Controversy(ies)” shall mean any action involving a Tax authority before any administrative or judicial body which results from a disagreed Tax adjustment proposed during the course of an Audit.
Controversy. If a controversy arises before, during, or after the term of this Agreement with respect to the Closing Documents or the Settlement, the Closing Agent may do either or both of the following: (a) withhold further performance by it under the instructions set forth in this Agreement until all of the parties to this Agreement provide joint instructions with respect to such controversy; or (b) commence or defend any action or proceeding for or in the nature of interpleader. If a suit or proceeding for or in the nature of interpleader is brought by or against it, the Closing Agent may deliver the Closing Documents and other funds and property held by it under this Agreement into the registry of the court and thereupon will be released and discharged from all further obligations and responsibilities under this Agreement.
Controversy. In the event either party brings an action against the other based on a controversy or claim arising out of or relating to this contract, or breach thereof, or for the purpose of resolving any dispute relating to the subject matter of this Agreement the parties agree that venue of the proceeding will be in Xxxxxx County, Missouri and the state or federal court in which the action is brought will have exclusive jurisdiction over the parties and this Agreement will be governed by and construed in accordance with the laws of Missouri applicable to contracts made and performed in Missouri.
Controversy. It will have the meaning foreseen in Article 43. (A controversy occurs when there is a discrepancy between the Parties under this Contract, including its existence, validity, interpretation, execution, compliance and termination).
