Forum for Judicial Proceedings. In any case where judicial proceedings are instituted, AXP shall be entitled to select the forum for such judicial proceedings, unless AXP determines, in good faith, that such proceedings involve only Ameriprise Unsettled Issues and has chosen option (ii) described in Section 9.04 above in respect of such issues. In such event, Ameriprise shall be entitled to select the forum for judicial proceedings. Each Party shall bear the costs of litigation in respect of its own issues, provided, however, that Ameriprise shall bear the costs of litigation in respect of New AXP Issues and AXP Excess Issues.
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Samples: Tax Allocation Agreement, Tax Allocation Agreement (Ameriprise Financial Inc), Tax Allocation Agreement (Ameriprise Financial Inc)
Forum for Judicial Proceedings. In any case where judicial proceedings are instituted, AXP shall be entitled to select the forum for such judicial proceedings, unless AXP determines, in good faith, that such proceedings involve only Ameriprise Unsettled Issues and has chosen option (ii) described in Section 9.04 above in respect of such issues. In such event, Ameriprise shall be entitled to select the forum for judicial proceedings. Each Party shall bear the costs of litigation in respect of its own issues, providedPROVIDED, howeverHOWEVER, that Ameriprise shall bear the costs of litigation in respect of New AXP Issues and AXP Excess Issues.
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