Equitable Proceedings Sample Clauses

Equitable Proceedings. 755 756 20.6.1 In the event a Party desires to seek interim relief, whether affirmative or 757 prohibitive, in the form of a temporary restraining order, preliminary injunction, or other interim 758 equitable relief with respect to a Dispute either before or after the initiation of a dispute 759 resolution proceeding, that Party may initiate the proceeding necessary to obtain such relief 760 (“Equitable Proceeding”). Nothing in this Section 20.6 shall be construed to suspend or 761 terminate the obligation of the Parties to comply with the provisions of Sections 20.3 and 20.4 762 with respect to the Dispute that is the subject of such Equitable Proceeding while such Equitable 763 Proceeding is pending, including any appeal or review. 764
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Equitable Proceedings. In the event a party desires to seek interim relief, whether‌ 4 affirmative or prohibitive, in the form of a temporary restraining order, preliminary injunction, or 5 other interim equitable relief with respect to a Dispute, either before or after the initiation of a 6 dispute resolution proceeding, that party may initiate the proceeding necessary to obtain such relief 7 (“Equitable Proceeding”). Nothing in this Section 14.7 shall be construed to suspend or terminate 8 the obligation of the parties to comply with the procedures set forth in this Section 14 with respect 9 to the Dispute that is the subject of such Equitable Proceeding during the pendency of any such 10 Equitable Proceeding, including any appeal or review. Any interim or appellate relief granted in 11 such Equitable Proceeding shall remain in effect until, and only until, the procedures set forth in 12 this Section 14 result in a settlement agreement or a determination by an arbitrator with respect to 13 the Dispute. Such settlement agreement or determination shall be the binding and final
Sample 1
Equitable Proceedings. In the event a Party desires to seek interim relief, whether affirmative or prohibitive, in the form of a temporary restraining order, preliminary injunction, or other interim equitable relief with respect to a Dispute, either before or after the initiation of an Dispute Resolution proceeding, that Party may initiate the proceeding necessary to obtain such relief (“Equitable Proceeding”). Nothing in this Section 35.7 shall be construed to suspend or‌ terminate the obligation of the Parties to comply with the procedures set forth in this Section 35 with respect to the Dispute that is the subject of such Equitable Proceeding during the pendency of any such Equitable Proceeding, including any appeal or review. Notwithstanding the determination of the arbitrator, any interim relief granted by such Equitable Proceeding shall not be reversed or modified by the arbitrator’s determination and any factual or legal determination made in such Equitable Proceeding shall be binding upon the Parties in the Dispute before the arbitrator.
Sample 1
Equitable Proceedings. In the event a party desires to seek interim judicial relief, whether affirmative or prohibitive, in the form of a temporary restraining order, preliminary injunction, or other interim equitable relief with respect to a Dispute, either before or after the initiation of arbitration proceeding, that party may initiate the proceeding necessary to obtain such relief (“Equitable Proceeding”). Nothing in this Section shall be construed to suspend or terminate the obligation of the parties to comply with the procedures set forth in this Section with respect to the Dispute that is the subject of such Equitable Proceeding during the pendency of any such Equitable Proceeding, including any appeal or review. Any interim or appellate relief granted in such Equitable Proceeding shall remain in effect until, and only until, the procedures set forth in this Section result in a settlement agreement or a determination by an arbitrator with respect to the Dispute. Such settlement agreement or determination shall be the binding and final determination on the merits of the Dispute (including, without limitation, any equitable relief and monetary damages, but excluding any award of attorneys’ fees or costs rendered in the Equitable Proceeding), shall supersede and nullify any decision in the Equitable Proceeding on the merits of the dispute that is the subject of such Equitable Proceeding, and shall preclude any subsequent litigation on such merits, notwithstanding any-determination to the contrary in connection with any Equitable Proceeding granting or denying interim relief.
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Related to Equitable Proceedings

  • Administrative Proceedings With a view to administering in a consistent, impartial, and reasonable manner all measures of general application affecting matters covered by this Agreement, each Party shall ensure, in its administrative proceedings applying measures to particular persons, goods, or services of the other Party in specific cases, that: (a) wherever possible, persons of the other Party that are directly affected by a proceeding are provided with reasonable notice, in accordance with the Party's procedures, when a proceeding is initiated, including a description of the nature of the proceeding, a statement of the legal authority under which the proceeding is initiated, and a general description of any issues in controversy; (b) such persons are afforded a reasonable opportunity to present facts and arguments in support of their positions prior to any final administrative action, when time, the nature of the proceeding, and the public interest permit; and (c) its procedures are in accordance with its law.

  • Proceedings Promptly on receipt by an Indemnified Person of notice of a Proceeding against it, the Indemnified Person will, if a claim is to be made under Section 4.6(a), notify the Issuer, the Servicer and the Administrator of the Proceeding. The Issuer, the Servicer and the Administrator may participate in and assume the defense and settlement of a Proceeding at its expense. If the Issuer, the Servicer or the Administrator notifies the Indemnified Person of its intention to assume the defense of the Proceeding with counsel reasonably satisfactory to the Indemnified Person, and so long as the Issuer, the Servicer or the Administrator assumes the defense of the Proceeding in a manner reasonably satisfactory to the Indemnified Person, the Issuer, the Servicer and the Administrator will not be liable for fees and expenses of counsel to the Indemnified Person unless there is a conflict between the interests of the Issuer, the Servicer or the Administrator, as applicable, and an Indemnified Person. If there is a conflict, the Issuer, the Servicer or the Administrator will pay for the reasonable fees and expenses of separate counsel to the Indemnified Person. No settlement of a Proceeding may be made without the approval of the Issuer, the Servicer and the Administrator and the Indemnified Person, which approval will not be unreasonably withheld, conditioned or delayed.

  • Judicial or Administrative Proceedings Business Associate shall notify County if it is named as a defendant in a criminal proceeding for a violation of HIPAA. County may terminate this Agreement if Business Associate is found guilty of a criminal violation of HIPAA. County may terminate this Agreement if a finding or stipulation that the Business Associate has violated any standard or requirement of HIPAA, or other security or privacy laws is made in any administrative or civil proceeding in which the Business Associate is a party or has been joined.

  • Litigation; Proceedings Except as specifically disclosed in Schedule 3.1(g), there is no action, suit, notice of violation, proceeding or investigation pending or, to the best knowledge of the Company, threatened against or affecting the Company or any of its Subsidiaries or any of their respective properties before or by any court, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) which (i) relates to or challenges the legality, validity or enforceability of any of the Transaction Documents, the Shares or the Underlying Shares, (ii) could, individually or in the aggregate, have a Material Adverse Effect or (iii) could, individually or in the aggregate, materially impair the ability of the Company to perform fully on a timely basis its obligations under the Transaction Documents.

  • Actions; Proceedings There are no actions, suits or proceedings pending or, to the knowledge of the Assignor, threatened, before or by any court, administrative agency, arbitrator or governmental body (A) with respect to any of the transactions contemplated by this Assignment Agreement or (B) with respect to any other matter that in the judgment of the Assignor will be determined adversely to the Assignor and will, if determined adversely to the Assignor, materially adversely affect its ability to perform its obligations under this Assignment Agreement.

  • Termination of Proceedings In case the Trustee shall have proceeded to enforce any right under this Indenture by the appointment of a receiver, or otherwise, and such proceedings shall have been discontinued or abandoned for any reason, or shall have been determined adversely, then and in every such case the Issuer, the Company and the Trustee shall be restored to their former positions and rights hereunder, respectively, with respect to the Trust Estate, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

  • Condemnation Proceedings 15.5.1. District covenants and agrees, but only to the extent that it may lawfully do so, that so long as this Site Lease remains in effect, the District will not seek to exercise the power of eminent domain with respect to the Project so as to cause a full or partial termination of this Site Lease and the Facilities Lease. 15.5.2. If for any reason the foregoing covenant is determined to be unenforceable or in some way invalid, or if District should fail or refuse to abide by such covenant, then, to the extent they may lawfully do so, the Parties agree that the financial interest of Developer shall be as indicated in the Facilities Lease.

  • Insolvency; Voluntary Proceedings The Company or any Material Subsidiary (i) ceases or fails to be solvent, or generally fails to pay, or admits in writing its inability to pay, its debts as they become due, subject to applicable grace periods, if any, whether at stated maturity or otherwise; (ii) voluntarily ceases to conduct its business in the ordinary course; (iii) commences any Insolvency Proceeding with respect to itself; or (iv) takes any action to effectuate or authorize any of the foregoing; or

  • Defense of Proceedings The Company will be entitled to participate, at its own expense, in any Proceeding which may be subject to indemnification or advancement of Expenses covered hereunder of which it has notice, and the Company will be entitled to assume the defense of the Indemnified Parties therein, with counsel reasonably satisfactory to the Indemnitee; provided, however, that the Company shall not be entitled to assume the defense of the Indemnified Parties in any Proceeding if the Indemnitee has reasonably concluded that there may be a conflict of interest between the Company and the Indemnified Parties with respect to such Proceeding. The Indemnitee shall have the right to employ his own counsel in any such Proceeding, but the fees and expenses of such counsel incurred after notice from the Company of its assumption of the defense thereof shall be at the expense of the Indemnitee unless (i) the employment of separate counsel by the Indemnitee (and the Company’s payment of the expenses of such counsel) has been authorized by the Company; (ii) there may be one or more defenses or claims available to the Indemnitee that are different from or additional to those available to the Company; (iii) Indemnitee has reasonably concluded that there may be a conflict of interest between the Company and the Indemnified Parties with respect to such Proceeding or (iv) the Company shall not in fact have employed counsel to assume the defense of the Indemnitee in such Proceeding after being provided notice thereof, such counsel shall not in fact have assumed such defense or such counsel shall not be acting, in connection therewith, with reasonable diligence; it being understood that in the case of any of the foregoing clauses (i), (ii) or (iii) the fees and expenses of the Indemnitee’s counsel shall be advanced by the Company in accordance with this Agreement.

  • Suits, Actions, Proceedings If an Event of Default shall occur and be continuing, and whether or not the Agent shall have accelerated the maturity of Loans pursuant to any of the foregoing provisions of this Section 9.2, the Agent or any Bank, if owed any amount with respect to the Loans, may proceed to protect and enforce its rights by suit in equity, action at law and/or other appropriate proceeding, whether for the specific performance of any covenant or agreement contained in this Agreement or the other Loan Documents, including as permitted by applicable Law the obtaining of the ex parte appointment of a receiver, and, if such amount shall have become due, by declaration or otherwise, proceed to enforce the payment thereof or any other legal or equitable right of the Agent or such Bank; and

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