Judicial Remedy. In the event that (a) a determination is made pursuant to Section 5 of this Agreement that Indemnitee is not entitled to indemnification under this Agreement, (b) advancement of Expenses is not timely made pursuant to Section 3.2 of this Agreement, (c) no determination of entitlement to indemnification shall have been made within the time period specified in Section 5.7 of this Agreement, or (d) payment of indemnified amounts is not made within the applicable time periods specified in Section 5.1 of this Agreement, Indemnitee shall thereafter be entitled under this Agreement to commence a proceeding in the Franklin County Court of Common Pleas of the State of Ohio, or in any other court of competent jurisdiction, seeking an adjudication of Indemnitee’s entitlement to such indemnification or advancement of Expenses. Indemnitee shall commence such proceeding seeking adjudication within 180 days following the date on which Indemnitee first has the right to commence such proceeding pursuant to this Section 7.1. The Company shall not oppose Indemnitee’s right to seek any such adjudication.
Judicial Remedy. In the event that (a) a determination is made pursuant to Section 5 of this Agreement that Indemnitee is not entitled to indemnification under this Agreement, (b) advancement of Expenses is not timely made pursuant to Section 3.2 of this Agreement, (c) no determination of entitlement to indemnification shall have been made within the time period specified in Section 5.7 of this Agreement, or (d) payment of indemnified amounts is not made within the applicable time periods specified in Section 5.1 of this Agreement, Indemnitee shall thereafter be entitled under this Agreement to commence a proceeding in the Franklin County Court of Common Pleas of the State of Ohio, or in any other court of competent jurisdiction, seeking an adjudication of Indemnitee’s entitlement to such indemnification or advancement of Expenses. The Company shall not oppose Indemnitee’s right to seek any such adjudication.
Judicial Remedy. 16.01 The parties hereto agree that in the event of dispute under this Agreement by either part, the other party will be entitled to judicial remedy in addition to the Arbitration under this Agreement.
Judicial Remedy. The Village or any Coalition Member may, singly or jointly, act to enforce any term of this Agreement through litigation in a court of competent jurisdiction. The Village or Coalition Members may seek judicial relief ordering, and the court shall have the power to order, affirmative equitable and/or affirmative injunctive relief, temporary or permanent, requiring Developer to comply with this Agreement or monetary damages. Developer hereby acknowledges that monetary damages may not be an adequate remedy for Defaults under this Agreement by Developer. Each Party shall bear its own fees and costs of court enforcement.
Judicial Remedy. In the event of any default or occurrence by which Landlord shall have any right or remedy specified in this Lease, Landlord's rights and remedies shall be exercised in accordance with applicable Pennsylvania statutes and prevailing case law.
Judicial Remedy. Notwithstanding the arbitration provision descried in this Section 15, Cenuco will at all times retain the right to seek injunctive relief, or any other equitable or judicial remedy, in any court, Federal or otherwise, and in the County of Palm Beach, Florida, for any breach of this Agreement by Reseller.
Judicial Remedy. Either Party may petition any court having jurisdiction to confirm, enforce, and/or enter judgment on the Arbitrator’s award. In the event that litigation is commenced to confirm, enforce and/or enter an Arbitration award, to the extent permitted by law, the prevailing Party shall be entitled to recover reasonable attorney’s fees and costs whether or not such action proceeds to judgment, and the court shall separately determine the prevailing party.
