Equitable Proceedings Sample Clauses

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
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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.
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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 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

  • Equitable Relief The parties hereto agree and declare that legal remedies may be inadequate to enforce the provisions of this Agreement and that equitable relief, including specific performance and injunctive relief, may be used to enforce the provisions of this Agreement.

  • 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 CE may terminate the Agreement and this BAA, effective immediately, if (i) BA is named as defendant in a criminal proceeding for a violation of HIPAA, the HITECH Act, the HIPAA Regulations or other security or privacy laws or (ii) a finding or stipulation that the BA has violated any standard or requirement of HIPAA, the HITECH Act, the HIPAA Regulations or other security or privacy laws is made in any administrative or civil proceeding in which the party has been joined.

  • 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 Trustee and the Owners of Bonds shall be restored to their former positions and rights hereunder, respectively, with regard to the property subject to this Indenture, and all rights, remedies and powers of the Trustee shall continue as if no such proceedings had been taken.

  • Condemnation Proceedings 8.4.1 District covenants and agrees, but only to the extent that it may lawfully do so, that so long as this Facilities 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 Facilities Lease.

  • Judicial Proceedings (a) The Teekay Parties irrevocably (i) agree that any legal suit, action or proceeding against the Teekay Parties arising out of or based upon this Agreement, the transactions contemplated hereby or alleged violations of the securities laws of the United States or any state in the United States may be instituted in any New York court, (ii) waive, to the fullest extent it may effectively do so, any objection which it may now or hereafter have to the laying of venue of any such proceeding in any New York court and (iii) submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding. Each of the Teekay Parties has appointed Xxxxxx, Xxxxxx & Xxxxxxxx, New York, New York, as its authorized agent (the “Authorized Agent”), upon whom process may be served in any such action arising out of or based on this Agreement, the transactions contemplated hereby or any alleged violation of the securities laws of the United States or any state in the United States which may be instituted in any New York court, expressly consents to the jurisdiction of any such court in respect of any such action, and waives any other requirements of or objections to personal jurisdiction with respect thereto. Such appointment shall be irrevocable. The Teekay Parties represent and warrant that the Authorized Agent has agreed to act as such agent for service of process and agrees to take any and all action, including the filing of any and all documents and instruments, that may be necessary to continue such appointment in full force and effect as aforesaid. Service of process upon the Authorized Agent and written notice of such service to the Teekay Parties shall be deemed, in every respect, effective service of process upon the Teekay Parties.

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