Declaratory Relief. For purposes of this Settlement Agreement, the “Settlement Class” is defined as follows: Plaintiff and all individuals who, from January 1, 2023 through the date notice is provided to the Class, applied for a job opening in the State of Washington with one or more of the Defendants, where the job posting did not disclose the wage scale or salary range for the position.
Declaratory Relief. (i) If a third party commences an action for declaratory relief or similar action against Banner attacking the applicability, validity or enforceability of any Intellectual Property relating to Product(s), Banner shall advise JDS as to the facts and circumstances surrounding the action. Banner shall defend said action and/or institute an infringement counterclaim against the third party if Banner determines it is legally advisable and commercially reasonable to do so (taking into account the likelihood of success and relative cost/benefits). However, should Banner decide not to defend said action and/or institute an infringement counterclaim against the third party, JDS may request Banner to undertake such action using counsel of Banner’s choice (after conferring with JDS) at JDS’s expense. Banner and JDS shall confer regarding strategy for any action or defense brought under this Section 12.4(b) but Banner shall be solely responsible for the management and control of such action. Notwithstanding the foregoing, nothing in this Section 12.4(b)(i) shall require JDS to participate or contribute to the cost of Banner’s Intellectual Property enforcement or defense efforts unless the third party’s legal action (if successful) or infringement directly and materially adversely impacts, or is reasonably likely to directly and materially adversely impact, sales of the Product(s) and, in all other declaratory judgment actions relating to the Banner Intellectual Property, Banner is free to defend suit (including asserting Banner Intellectual Property infringement as a counterclaim) on its own behalf, at its own cost, and without contribution or indemnification thereof by JDS. In this latter case, Banner shall retain for itself all awards paid by third parties (whether by settlement or otherwise) as a result of Banner’s enforcement efforts.
(ii) Subject to Section 12.4(b)(i), the costs and expenses of any such defense and/or counterclaim by Banner (including reasonable fees and expenses of attorneys and other third parties) shall be treated in the same manner as patent enforcement expenses pursuant to Section 12.4(a)(ii).
(iii) Each party shall execute all necessary and proper documents and take such actions as shall be reasonably requested by the other to defend said action and/or institute and prosecute such counterclaim, including being named as a co-plaintiff or co-defendant in the action and/or counterclaim if warranted, in accordance with the terms of this Sectio...
Declaratory Relief. 14 Xxxxx argues that an actual controversy exists relating to what health care services 15 provided by Sharp were emergency services (at what point in time the services Sharp 16 provided were no longer considered emergency services), whether the Patient’s policy 17 contains an exclusion that applies to services rendered, and how much Sharp is owed. The 18 court in this order has ruled upon questions of law and, essentially, determined what, if 19 any, claims will be submitted to the jury. That satisfies the court’s obligation to provide 20 declaratory relief. The remaining questions are factual in nature for either the court (if they 21 may be determined as a matter of law) or the jury. 22 / / / 23 / / / 24 / / / 26 27 28
Declaratory Relief. An order from a court sorting out the rights and legal obligations of the parties in the midst of an actual controversy. Diversity Jurisdiction – Federal courts’ right to hear lawsuits based upon non-federal claims; parties must be from different states and the amount in controversy over $50,000. Economic Espionage Act – A law making it a federal crime to steal a trade secret or to receive or possess trade secret information knowing that it is stolen. Evaluation Agreement – A contract in which one party promises to submit an idea and the other party promises to evaluate it. After the evaluation, the evaluator will either enter into an agreement to exploit the idea or promise not to use or disclose the idea. Fiduciary Relationship – When one person stands in a special relationship of trust, confidence or responsibility to another. Generally Known – Information is generally known if it has been published or publicly displayed or is commonly used within an industry. Improper Means – The illegal acquisition of trade secrets through theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy or espionage through electronic or other means. Inevitable Disclosure Doctrine – Under this court-made rule, adopted by only a few courts, a court can stop an ex-employee from working for a competitor if the former employer shows that the employee will “inevitably disclose” trade secrets of the former employer. Injunction – A court order requiring that a party halt a particular activity. A court can issue an injunction at the end of a trial (a permanent injunction) or immediately, rather than wait for a trial (a preliminary injunction). Two factors are used when a court determines whether to grant a preliminary injunction: (1) Is the plaintiff (the party bringing the lawsuit) likely to succeed in the lawsuit? and (2) Will the plaintiff suffer irreparable harm if the injunction is not granted? The plaintiff may seek a temporary restraining order, which lasts only a few days or weeks. A temporary restraining order may be granted without notice to the infringer if it appears that immediate damage will result-for example, that evidence will be destroyed. Jurisdiction – The authority of a court to hear a certain type of case. Know-How – A particular kind of technical knowledge that may not be confidential but that is needed to accomplish a task. License – A contract giving written permission to use an invention, creative work, trade secret o...
Declaratory Relief. Assignor acknowledges that damages alone would not be an adequate remedy for the breach of any of the provisions of this Assignment. Accordingly, in addition to any other rights and remedies it may have, Assignee shall be entitled to obtain declaratory relief from a court of competent jurisdiction preventing or restricting the use of the Work by Assignor, or any other breach of this Assignment.
Declaratory Relief. Authorized Affiliate Referral acknowledges and agrees that due to the unique nature of the Confidential Information, there can be no adequate remedy at law for any breach of your obligations under Section 7.1 above, that any such breach may allow you or third parties to unfairly compete with DIDITBETTER SOFTWARE resulting in irreparable harm to DIDITBETTER SOFTWARE, and, therefore, that upon any breach of Section 7.1 above, or any threat thereof, DIDITBETTER SOFTWARE shall be entitled to (a) specific performance and other injunctive relief without the necessity of posting a bond, in addition to whatever remedies it might have at law, and (b) be indemnified by you from any loss or harm, including, without limitation, attorney's fees, in connection with any breach or enforcement of your obligations hereunder or the unauthorized use or release of any such Confidential Information. Authorized Affiliate Referral will notify DIDITBETTER SOFTWARE in writing immediately upon the occurrence of any such unauthorized release or other such breach of which you are aware.
Declaratory Relief. Charney alleges that Standard General L.P. engaged in fraud and conspiracy with certain Company officers and directors to induce Charney to dilute his equity in the Company such that defendant parties could control the Company. Charney seeks damages in excess of $100 million. On July 29, 2015, Defendants Standard General, L.P., Standard General Master Fund L.P., and Standard General Ltd. filed a Motion to Stay on the Ground of Inconvenient Forum (the “Motion”). American Apparel filed a Notice of Joinder to the Motion this same day. The Company has tendered this matter to its insurance carriers and is awaiting coverage positions.
Declaratory Relief. Contractor acknowledges that damages alone would not be an adequate remedy for the breach of any of the provisions of this Agreement. Accordingly, in addition to any other rights and remedies it may have, [Name of
Declaratory Relief. Declarant or a Benefitted Owner may bring an action for declaratory relief to determine the enforceability of any of the Restrictions.
Declaratory Relief. Equitable Relief Settlement Class Members are entitled to the following declaratory relief:
1. Porcelana guarantees to Texas owners that tank models 3464 and 3412 manufactured at the Xxxxxx Xxxxxx Plant between January 1, 2007 and December 31, 2010 are free of manufacturing defects or ceramic defects.
2. Porcelana extends warranty protections to the Equitable Relief Class Members up through and including December 31, 2020.
3. Equitable Relief Settlement Class members may submit a warranty claim (or resubmit a previously denied warranty claim) for a past fracture of a tank under the following terms and entitlements:
a. Proof of ownership of a class tank;4
b. Submission of receipts or other documentary proof of replacement costs to be entitled to reimbursement;5
c. Class members are entitled to recover product replacement costs (product and installation only) and reimbursement is capped at $300 per tank/toilet.
4. Class members experiencing a fracture event of an eligible tank between the date of Settlement Notice and December 31, 2020 are entitled to replacement at no cost to the Class Member, as follows:
a. Upon proof of fracture, Porcelana shall provide replacement tank product compatible with the particular toilet basin to be picked up by the claimant from a location no farther than 30 miles from the owner’s residence at no cost to the class member. 4 Documentary proof of ownership may include home purchase documents, installer records, builder records, deed information and qualifying photographs demonstrating proof of tank ownership. 5 Documentary proof of expenses includes records such as receipts, invoices, insurance claim records, and/or sufficient banking/credit purchase or expenditure documentation. In the event a compatible replacement tank product is available but outside of the designated geographic area, the Class Member is entitled to warranty relief in the form of a single payment of $35.00 for replacement of the fractured tank.
b. Upon proof of fracture and in the event the entire toilet must be replaced due to incompatibility of current Porcelana tank product and the original basin, an eligible class member is entitled to reimbursement of incurred replacement expenses not to exceed $300. Class members must submit receipts or other documentary proof of replacement costs to be entitled to reimbursement, as well as an explanation of why there was no compatible tank available.
