Common use of DISPUTES AND LITIGATION Clause in Contracts

DISPUTES AND LITIGATION. There is no suit, action, litigation, ------------------------- proceeding, investigation, claim, complaint, or accusation pending, threatened against or affecting KINA OLE or any of its properties, assets or business or to which KINA OLE is a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and there is no basis for such suit, action, litigation, proceeding, investigation, claim, complaint, or accusation; (b) there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE or any of its properties, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE or any of its properties, assets or business. There is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE or any such person's heirs, executors or administrators as against KINA OLE.

DISPUTES AND LITIGATION. There ILive does not make any guarantee or representation that there is no suit, action, litigation, ------------------------- proceeding, investigation, claim, complaint, or accusation pending, threatened against or affecting KINA OLE APC or any of its properties, assets or business or to which KINA OLE APC is a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and does not make any guarantee or representation that there is no basis for such suit, action, litigation, proceeding, proceeding investigation, claim, complaint, or accusation; (b) or that there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE APC or any of its properties, assets or businesses; and (c) that there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE APC or any of its properties, assets or business. There Nor does iLive make any guarantee or representation that there is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE APC or any such person's heirs, executors or administrators as against KINA OLEAPC.

DISPUTES AND LITIGATION. There is Except as set forth in Schedule 2.1.7, (a) there are no suitsuits, actionactions, litigation, ------------------------- proceedingproceedings, investigationinvestigations, claimclaims, complaintcomplaints, or accusation accusations pending, threatened against against, or affecting KINA OLE YFG or any of its properties, assets or business or to which KINA OLE it is a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and there is no basis for such suit, action, litigation, proceeding, investigation, claim, complaint, or accusation; (b) there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE YFG or any of its properties, equipment, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE YFG or any of its properties, assets or businessbusinesses. There is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE YFG or any such person's ’s heirs, executors or administrators as against KINA OLEYFG.

DISPUTES AND LITIGATION. There is no suit, action, litigation, ------------------------- proceeding, proceeding investigation, claim, complaint, or accusation pending, or to its knowledge threatened against or affecting KINA OLE AMERINET or any of its properties, assets or business or to which KINA OLE AMERINET is a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau., agency or instrumentality), and to its knowledge there is no basis for such suit, action, litigation, proceeding, investigation, claim, complaint, or accusation; (b) to its knowledge there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE AMERINET or any of its properties, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE AMERINET or any of its properties, assets or business. There To its knowledge, there is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE AMERINET or any such person's heirs, executors or administrators as against KINA OLEAMERINET.

DISPUTES AND LITIGATION. There Except for those matters set forth on ------------------------- SCHEDULE 2.2.6, there is no suit, action, litigation, ------------------------- proceeding, investigation, claim, complaint, or accusation pending, threatened against or affecting KINA OLE Xelex or any of its properties, assets or business or to which KINA OLE Xelex is a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and there is no basis for such suit, action, litigation, proceeding, investigation, claim, complaint, or accusation; (b) there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE Xelex or any of its properties, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE Xelex or any of its properties, assets or business. There is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE Xelex or any such person's heirs, executors or administrators as against KINA OLEXelex.

DISPUTES AND LITIGATION. There is no suit, action, litigation, ------------------------- proceeding, investigation, claim, complaint, or accusation pending, threatened against or affecting KINA OLE VDI or any of its properties, assets or business or to which KINA OLE VDI is a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and to the best knowledge of VDI there is no basis for such suit, action, litigation, proceeding, investigation, claim, complaint, or accusation; (b) there is no pending or or, to the best knowledge of VDI, threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE VDI or any of its properties, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE VDI or any of its properties, assets or business. There is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or to the best knowledge of VDI any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE VDI or any such person's heirs, executors or administrators as against KINA OLEVDI.

DISPUTES AND LITIGATION. There is no suit, action, litigation, ------------------------- -------------------------- proceeding, investigation, claim, complaint, or accusation pending, threatened against or affecting KINA OLE StarTronix or any of its properties, assets or business or to which KINA OLE StarTronix is a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and there is no basis for such suit, action, litigation, proceeding, investigation, claim, complaint, or accusation; (b) there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE StarTronix or any of its properties, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE StarTronix or any of its properties, assets or business. There is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE StarTronix or any such person's heirs, executors or administrators as against KINA OLEStarTronix.

DISPUTES AND LITIGATION. There is no suit, action, litigation, ------------------------- proceeding, investigation, claim, complaint, or accusation pending, threatened against or affecting KINA OLE KINA'OLE or any of its properties, assets or business or to which KINA OLE KINA'OLE is a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and there is no basis for such suit, action, litigation, proceeding, investigation, claim, complaint, or accusation; (b) there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE KINA'OLE or any of its properties, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE KINA'OLE or any of its properties, assets or business. There is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE KINA'OLE or any such person's heirs, executors or administrators as against KINA OLEKINA'OLE.

DISPUTES AND LITIGATION. There Except as specifically set forth in attachment "B", attached hereto, there is no suit, action, litigation, ------------------------- proceeding, investigation, claim, complaint, or accusation pending, threatened against or affecting KINA OLE APC or any of its properties, assets or business or to which KINA OLE APC is a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and there is no basis for such suit, action, litigation, proceeding, proceeding investigation, claim, complaint, or accusation; (b9b) there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE APC or any of its properties, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE APC or any of its properties, assets or business. There is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE APC or any such person's heirs, executors or administrators as against KINA OLEAPC.

DISPUTES AND LITIGATION. There is no suit, action, litigation, ------------------------- ----------------------- proceeding, investigation, claim, complaint, or accusation pending, or to its knowledge threatened against or affecting KINA OLE DNA or any of its properties, assets or business or to which KINA OLE DNA is a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and to its knowledge there is no basis for such suit, action, litigation, proceeding, investigation, claim, complaint, or accusation; (b) to its knowledge there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE DNA or any of its properties, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE DNA or any of its properties, assets or business. There To its knowledge, there is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE DNA or any such person's heirs, executors or administrators as against KINA OLEDNA.

DISPUTES AND LITIGATION. There is no suit, action, litigation, ------------------------- proceeding, investigation, claim, complaint, or accusation pending, or to its knowledge threatened against or affecting KINA OLE ANFS or any of its properties, assets or business or to which KINA OLE ANFS is a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and to its knowledge there is no basis for such suit, action, litigation, proceeding, investigation, claim, complaint, or accusation; (b) to its knowledge there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE ANFS or any of its properties, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE ANFS or any of its properties, assets or business. There To its knowledge, there is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE ANFS or any such person's heirs, executors or administrators as against KINA OLEANFS.

DISPUTES AND LITIGATION. There is no suit, action, litigation, ------------------------- ----------------------- proceeding, investigation, claim, complaint, or accusation pending, or to its knowledge threatened against or affecting KINA OLE scruz-net or any of its properties, assets or business or to which KINA OLE scruz-net is a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and to its knowledge there is no basis for such suit, action, litigation, proceeding, investigation, claim, complaint, or accusation; (b) to its knowledge there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE scruz-net or any of its properties, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE scruz-net or any of its properties, assets or business. There To its knowledge, there is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE scruz-net or any such person's heirs, executors or administrators as against KINA OLEscruz-net.

DISPUTES AND LITIGATION. There is no suit, action, litigation, ------------------------- proceeding, investigation, claim, complaint, or accusation pending, or to 'its knowledge threatened against or affecting KINA OLE RETN or any of its properties, assets or business or to which KINA OLE RETN is a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and to its knowledge, there is no basis for such suit, action, litigation, proceeding, investigation, claim, complaint, or accusation; (b) there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE RETN or any of its properties, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE RETN or any of its properties, assets or business. There is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE RETN or any such person's heirs, executors or administrators as against KINA OLERETN.

DISPUTES AND LITIGATION. There is no suit, action, litigation, ------------------------- proceeding, investigation, claim, complaint, or accusation pending, threatened against or affecting KINA OLE Skyline, its Subsidiaries, or any of its their properties, assets or business or to which KINA OLE is they are a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and there is no basis for such suit, action, litigation, proceeding, investigation, claim, complaint, or accusation; (b) there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE Skyline, its Subsidiaries, or any of its their properties, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE Skyline, its Subsidiaries, or any of its their properties, assets or business. There is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE Skyline or its Subsidiaries, or any such person's heirs, executors or administrators as against KINA OLESkyline or its Subsidiaries.

DISPUTES AND LITIGATION. There is no suit, action, litigation, ------------------------- proceeding, investigation, claim, complaint, or accusation pending, threatened against or affecting KINA OLE the Target Company, its Subsidiaries, or any of its their properties, assets or business or to which KINA OLE is they are a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and there is no basis for such suit, action, litigation, proceeding, investigation, claim, complaint, or accusation; (b) there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE the Target Company, its Subsidiaries, or any of its their properties, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE the Target Company, its Subsidiaries, or any of its their properties, assets or business. There is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE the Target Company or its Subsidiaries, or any such person's heirs, executors or administrators as against KINA OLEthe Target Company or its Subsidiaries.

DISPUTES AND LITIGATION. There is no suit, action, litigation, ------------------------- proceeding, investigation, claim, complaint, or accusation pending, or to its knowledge threatened against or affecting KINA OLE RETN or any of its properties, assets or business or to which KINA OLE RETN is a party, in any court or before any arbitrator of any kind or before or by any governmental agency (including, without limitation, any federal, state, local, foreign or other governmental department, commission, board, bureau, agency or instrumentality), and to its knowledge, there is no basis for such suit, action, litigation, proceeding, investigation, claim, complaint, or accusation; (b) there is no pending or threatened change in any environmental, zoning or building laws, regulations or ordinances which affect or could affect KINA OLE RETN or any of its properties, assets or businesses; and (c) there is no outstanding order, writ, injunction, decree, judgment or award by any court, arbitrator or governmental body against or affecting KINA OLE RETN or any of its properties, assets or business. There is no litigation, proceeding, investigation, claim, complaint or accusation, formal or informal, or arbitration pending, or any of the aforesaid threatened, or any contingent liability which would give rise to any right of indemnification or similar right on the part of any director or officer of KINA OLE RETN or any such person's heirs, executors or administrators as against KINA OLERETN.