Final Adjudication. “Final Adjudication” shall have the meaning prescribed to it in Section 43(4)(d) of the Regulations.
Final Adjudication. (i) After any final, non-appealable determination of any litigation on whether the Disputed Product continues to be an Other Licensed Product, if PDL prevails in such litigation and Alexion paid royalties into an interest-bearing escrow account, then PDL shall, as its sole and exclusive remedy with respect to the subject matter of the litigation, recover the escrowed royalties plus the accrued interest from escrow and reasonable attorneys’ fees and costs incurred because of the litigation without any additional relief available.
Final Adjudication. In the event indemnification arises as a result of a third party claim against the Indemnifying Party, no indemnification shall be made effective pursuant to this Article 6 until such time as the Indemnifying Party shall have been finally adjudicated or otherwise bound to be liable hereunder to such third party.
Final Adjudication. 1. Upon the signing of this Agreement, the Sierra Club and FHWA will jointly seek an order from the Court of Appeals that conditionally remands the case to the District Court for consideration of a joint motion requesting that the Court enter an order approving this Settlement Agreement, retaining jurisdiction over this matter for the purpose of enforcing this Agreement, as set forth in subparagraph 7.b. of Part I, and dismissing this action with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). Upon entry by the District Court of an order in accord with this Agreement, the Sierra Club shall forthwith file a notice of voluntary dismissal in the Court of Appeals pursuant to Federal Rule of Appellate Procedure 42. All injunctions and/or stays pending appeal currently preventing work on U.S. 95 in Las Vegas, Nevada, will be lifted upon dismissal by the Court of Appeals. By being a signatory to this Agreement, NDOT does not waive its Eleventh Amendment sovereign immunity.
Final Adjudication. Council may, diligently and in good faith, challenge, disclaim or contest the application or imposition of any such tax, fee, lien, debt, or obligation, in which case the City shall not considered due, owing or imposed for the purposes of this Agreement until final adjudication of validity. Council may likewise, diligently and in good faith, appeal any judgment, execution, or adjudication of bankruptcy, in which case the same shall not be regarded as impairing the City’s rights until final adjudication.
