Institution of Legal Action. Owner does hereby grant to Purchaser the free and unrestricted right, but at Purchaser’s own cost and expense, to institute in the name and on behalf of Owner any and all suits and proceedings at law or in equity to enjoin and restrain any infringement of the rights herein granted; and Owner does hereby assign and set over unto Purchaser any and all cause or causes of action arising or resulting by reason of or based upon such infringement or infringements, and Owner does hereby assign and set over unto Purchaser any and all recoveries obtained in any such action. Owner agrees that Owner will not compromise, settle or in any manner interfere with any such litigation, if brought, and Purchaser does hereby agree to indemnify and save harmless Owner from any costs or damages which Owner may suffer as a direct result of any such suits or proceedings, except to the extent, if any, that any such suit or proceeding is the result of a breach by Owner of Owner’s representations, warranties or agreements hereunder.
Institution of Legal Action. In addition to any other rights or remedies, either Party may institute legal action to cure, correct, or remedy any Default or breach, to specifically enforce any covenants or agreements set forth in this Agreement, to enjoin any threatened or attempted violation of this Agreement; or to obtain any remedies consistent with the purpose of this Agreement. Legal actions shall be instituted in the Fifth District Court in and for Washington County, State of Utah.
Institution of Legal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, or recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the Superior court of the County of Los Angeles, State of California, or in any other -appropriate court of that County, or in the Federal District Court. Disposition and Development Agreement No. 93-001 Page 26 2. [s504] Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement.
Institution of Legal Action. Subject to notice of default and opportunity to cure under Section 7.1.3, and subject further to the limitation on remedies set forth in Section 7.1.5, in addition to any other rights or remedies, any party to this Agreement may institute legal action to cure, correct or remedy any default of the other party, to enforce any covenants or agreements herein to be performed by the other party, to enjoin any threatened or attempted violation hereof, or to obtain any other remedies consistent with this Agreement. If a legal action or proceeding is brought by any party to this Agreement because of an Event of Default under this Agreement, or to enforce a provision hereto, the prevailing party shall be entitled to reimbursement of all costs and expenses, including reasonable attorneys’ fees, incurred in prosecuting such legal action or proceeding. This provision is separate and several and shall survive the merger of this Agreement into any judgment on this Agreement.
Institution of Legal Action. Enforcement of any such arbitration decision shall be instituted in the Third Judicial District Court of the County of Summit, State of Utah, or in the United States District Court for Utah.
Institution of Legal Action. The free and unrestricted right, exercisable at Producer’s cost and expense, to institute in the name of and on behalf of Owner, suits and proceedings at law or in equity to enjoin and restrain any infringement(s) of the rights herein granted; Owner hereby assigns to Producer any and all causes of action arising from any such infringement(s) and any and all recoveries obtained in any such action. Owner will not compromise, settle or in any manner interfere with any such litigation.
Institution of Legal Action. Subject to notice of default and opportunity to cure under Section 5.2, in addition to any other rights or remedies, any Party to this Agreement may institute an equitable action to cure, correct, or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted violation hereof, or to obtain any other equitable remedies consistent with this Agreement. Any action at law or in equity arising under this Agreement or brought by any Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Riverside, State of California, or such other appropriate court in said County, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. Service of process on the City shall be made in accordance with California law. Service of process on HF shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. If an action or proceeding is brought by any Party to this Agreement because of default, or to enforce a provision hereof, the prevailing Party shall be entitled to reimbursement of all costs and expenses, including attorneys’ fees, incurred in prosecuting such legal action or proceeding. This provision is separate and severable, and shall survive the merger of this Agreement into any judgment on this Agreement. In all instances, the Parties agree that §6.1 also survives and controls the actions of the Parties, and further, that the Parties shall stipulate to the limitation on remedies imposed by §6.1.
Institution of Legal Action. City and Insight agree that neither would have entered into this Insight Agreement if any party were liable for, or could be liable for, damages under or with respect to this Insight Agreement. Accordingly, City and Insight may pursue any remedy at law or equity available for breach, except that neither Insight nor City shall be liable to the other or to any other person or entity for any monetary damages whatsoever. Judicial review of the decision of the City Council shall be limited to the evidence presented to the City Council at the public hearing as described in this Section. If a party desires to present new or additional evidence to the Court, they may petition the Court to remand the matter to the City Council to consider the additional or new evidence. Jurisdiction for judicial review or any judicial action under this Insight Agreement shall rest with the federal court or the Eighth Judicial District Court, State of Nevada.
Institution of Legal Action. Either Party may institute legal action to cure, correct, or remedy any default, to recover damages for any default, or to obtain any other remedy consistent with the purpose of this Agreement.
Institution of Legal Action. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, after expiration of the cure period provided in Section 5.3 above, any Party may institute a legal action to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any Default. The rights and obligations of any non-breaching Party shall not be affected by the institution of a legal action alleging breach against another Party. In the event of any action to enforce this Agreement, whether by judicial or non-judicial means, the prevailing party shall be entitled to recover from the other party its attorney fees, expenses, and any related court costs.
