Common use of Disputes and Interpleader Clause in Contracts

Disputes and Interpleader. 8.1 In the event of any dispute between the Joint Venturers and Alya or any third party claiming beneficiary status under this Agreement, Security Agent may submit this matter to any court of competent jurisdiction in an interpleader or similar action. Any and all costs incurred by Security Agent in connection therewith shall be borne by the party seeking a copy of the Software deposited with Security Agent. Without limiting the generality of the foregoing, if Security Agent shall be uncertain as to its duties or rights hereunder, shall receive any notice, advice, schedule, report, certificate, direction or other document from any person or entity with respect to the Software, that in the opinion of the Security Agent, in its sole discretion, is in conflict with any provisions of this Agreement, or shall be advised that a dispute has arisen with respect to the ownership or right of possession of the Software or any part thereof, Security Agent shall be entitled, without liability to anyone, to refrain from taking any action other than to exercise best efforts to keep safe the Software until Security Agent shall be directed otherwise in writing by an order, decree, or judgment of a court of competent jurisdiction that is then finally affirmed on appeal or that by the lapse of time or otherwise is no longer subject to appeal; but Security Agent shall be under no duty to institute or defend any such proceeding.

Disputes and Interpleader. 8.1 In the event of any dispute between the Joint Venturers Xxxxxxxx and Alya or any third party claiming beneficiary status under this Agreement, Security Agent may submit this matter to any court of competent jurisdiction in an interpleader or similar action. Any and all costs incurred by Security Agent in connection therewith shall be borne by the party seeking a copy of the Software deposited with Security Agent. Without limiting the generality of the foregoing, if Security Agent shall be uncertain as to its duties or rights hereunder, shall receive any notice, advice, schedule, report, certificate, direction or other document from any person or entity with respect to the Software, that in the opinion of the Security Agent, in its sole discretion, is in conflict with any provisions of this Agreement, or shall be advised that a dispute has arisen with respect to the ownership or right of possession of the Software or any part thereof, Security Agent shall be entitled, without liability to anyone, to refrain from taking any action other than to exercise best efforts to keep safe safely the Software until Security Agent shall be directed otherwise in writing by an order, decree, or judgment of a court of competent jurisdiction that is then finally affirmed on appeal or that by the lapse of time or otherwise is no longer subject to appeal; but Security Agent shall be under no duty to institute or defend any such proceeding.

Disputes and Interpleader. 8.1 In the event of any dispute between the Joint Venturers Silver and Alya or any third party claiming beneficiary status under this Agreement, Security Agent may submit this matter to any court of competent jurisdiction in an interpleader or similar action. Any and all costs incurred by Security Agent in connection therewith shall be borne by the party seeking a copy of the Software deposited with Security Agent. Without limiting the generality of the foregoing, if Security Agent shall be uncertain as to its duties or rights hereunder, shall receive any notice, advice, schedule, report, certificate, direction or other document from any person or entity with respect to the Software, that in the opinion of the Security Agent, in its sole discretion, is in conflict with any provisions of this Agreement, or shall be advised that a dispute has arisen with respect to the ownership or right of possession of the Software or any part thereof, Security Agent shall be entitled, without liability to anyone, to refrain from taking any action other than to exercise best efforts to keep safe safely the Software until Security Agent shall be directed otherwise in writing by an order, decree, or judgment of a court of competent jurisdiction that is then finally affirmed on appeal or that by the lapse of time or otherwise is no longer subject to appeal; but Security Agent shall be under no duty to institute or defend any such proceeding.

Disputes and Interpleader. 8.1 In the event of any dispute between the Joint Venturers [PURCHASER 2] and Alya or any third party claiming beneficiary status under this Agreement, Security Agent may submit this matter to any court of competent jurisdiction in an interpleader or similar action. Any and all costs incurred by Security Agent in connection therewith shall be borne by the party seeking a copy of the Software deposited with Security Agent. Without limiting the generality of the foregoing, if Security Agent shall be uncertain as to its duties or rights hereunder, shall receive any notice, advice, schedule, report, certificate, direction or other document from any person or entity with respect to the Software, that in the opinion of the Security Agent, in its sole discretion, is in conflict with any provisions of this Agreement, or shall be advised that a dispute has arisen with respect to the ownership or right of possession of the Software or any part thereof, Security Agent shall be entitled, without liability to anyone, to refrain from taking any action other than to exercise best efforts to keep safe safely the Software until Security Agent shall be directed otherwise in writing by an order, decree, or judgment of a court of competent jurisdiction that is then finally affirmed on appeal or that by the lapse of time or otherwise is no longer subject to appeal; but Security Agent shall be under no duty to institute or defend any such proceeding.

Disputes and Interpleader. 8.1 In the event of any dispute between the Joint Venturers VTS and Alya ALYA or any third party claiming beneficiary status under this Agreement, Security Agent may submit this matter to any court of competent jurisdiction in an interpleader or similar action. Any and all costs incurred by Security Agent in connection therewith shall be borne by the party seeking a copy of the Software Shares deposited with Security Agent. Without limiting the generality of the foregoing, if Security Agent shall be uncertain as to its duties or rights hereunder, shall receive any notice, advice, schedule, report, certificate, direction or other document from any person or entity with respect to the SoftwareShares, that in the opinion of the Security Agent, in its sole discretion, is in conflict with any provisions of this Agreement, or shall be advised that a dispute has arisen with respect to the ownership or right of possession of the Software Shares or any part thereof, Security Agent shall be entitled, without liability to anyone, to refrain from taking any action other than to exercise best efforts to keep safe safely the Software Shares until Security Agent shall be directed otherwise in writing by an order, decree, or judgment of a court of competent jurisdiction that is then finally affirmed on appeal or that by the lapse of time or otherwise is no longer subject to appeal; but Security Agent shall be under no duty to institute or defend any such proceeding.

Disputes and Interpleader. 8.1 In the event of any dispute between the Joint Venturers [PURCHASER 5] and Alya ALYA or any third party claiming beneficiary status under this Agreement, Security Agent may submit this matter to any court of competent jurisdiction in an interpleader or similar action. Any and all costs incurred by Security Agent in connection therewith shall be borne by the party seeking a copy of the Software Shares deposited with Security Agent. Without limiting the generality of the foregoing, if Security Agent shall be uncertain as to its duties or rights hereunder, shall receive any notice, advice, schedule, report, certificate, direction or other document from any person or entity with respect to the SoftwareShares, that in the opinion of the Security Agent, in its sole discretion, is in conflict with any provisions of this Agreement, or shall be advised that a dispute has arisen with respect to the ownership or right of possession of the Software Shares or any part thereof, Security Agent shall be entitled, without liability to anyone, to refrain from taking any action other than to exercise best efforts to keep safe safely the Software Shares until Security Agent shall be directed otherwise in writing by an order, decree, or judgment of a court of competent jurisdiction that is then finally affirmed on appeal or that by the lapse of time or otherwise is no longer subject to appeal; but Security Agent shall be under no duty to institute or defend any such proceeding.