Common use of Declaratory Judgment Clause in Contracts

Declaratory Judgment. Grantee may elect to file a declaratory judgment action against any third party referred to in subparagraph 10.4, in which event it will notify A-55 of its intention and tender the filing of any such suit to A-55. If A-55 refuses to institute such declaratory judgment action against a third party, Grantee shall have the option to institute such action. Further, A-55 hereby authorizes Grantee to join A-55 as a plaintiff in any such declaratory action.

Declaratory Judgment. Grantee may elect to file a declaratory judgment action against any third party referred to in subparagraph paragraph 10.4, in which event it will notify A-55 of A- 50 xx its intention and tender the filing of any such suit to A-55. If A-55 refuses to institute such declaratory judgment action against a third party, Grantee shall have the option to institute such action. Further, A-55 hereby authorizes Grantee to join A-55 as a plaintiff in any such declaratory action.