Legal Challenge Sample Clauses
Legal Challenge. As used in this Agreement, “Legal Challenge” means: any judicial proceeding or other legal action brought by a third party, including referendum or initiative, that challenges this Agreement, the annexation of the Xxxxxx Creek Village Property to the Town (the “Annexation”), the zoning of the Xxxxxx Creek Village Property (the “Zoning”), the Development Guide Agreement including the FDP, the formation of any of the Districts, the Town’s approval of any of the Service Plans, or any of the Town’s resolutions or ordinances approving this Agreement, the Annexation, the Zoning, the Development Guide Agreement including the FDP, or the Service Plans. If a Legal Challenge occurs, this Agreement shall not become effective until the entry of a final, non-appealable order resolving such Legal Challenge substantially in favor of the Town and the Owners (the “Resolution of the Legal Challenge”). The Parties covenant and agree to cooperate in good faith in the event of a Legal Challenge.
Legal Challenge. No suit, action or other proceeding shall be pending before any court or governmental agency, and no claim shall have been asserted, in which it is or will be sought to restrain or prohibit or to obtain damages or other relief in connection with this Agreement or the consummation of the transactions contemplated which, in the opinion of Seller's counsel, if successful would materially impair the ability of the Parties to consummate the transactions contemplated by this Agreement.
Legal Challenge. No temporary restraining order, preliminary or permanent injunction or other order issued by any court of competent jurisdiction or other legal restraint or prohibition preventing the consummation of the transactions contemplated hereby shall be in effect or threatened; PROVIDED, HOWEVER, that any party invoking this condition shall use commercially reasonable efforts to have any such order or injunction vacated.
Legal Challenge. 9.1 In the event that any part of this Agreement may be subject to challenge review deletion or otherwise rendered null/void or voidable the balance of the said Agreement shall remain in full force and effect
Legal Challenge. In the event of a legal challenge against any of the Participants, relating to the disclosure of information under the terms of the MoU, the Participants agree to cooperate in preparing and sharing information necessary to demonstrate the basis on which the challenged disclosure was made. For the avoidance of doubt, no Participant shall be required to share information that is subject to legal privilege.
Legal Challenge. The VTF (AE) shall have the right to use the appropriate legal channel to challenge the exclusion of a position from the bargaining unit.
Legal Challenge. (A) In general
(B) Procedures governing action
(A) that is brought by the United States against a State or any subdivision thereof—
(i) a report of a dispute settlement panel or the Appellate Body convened under the Dispute Settlement Understanding regard- ing the State law, or the law of any politi- cal subdivision thereof, shall not be con- sidered as binding or otherwise accorded deference;
(ii) the United States shall have the bur- den of proving that the law that is the sub- ject of the action, or the application of that law, is inconsistent with the agree- ment in question;
(iii) any State whose interests may be impaired or impeded in the action shall have the unconditional right to intervene in the action as a party, and the United States shall be entitled to amend its com- plaint to include a claim or cross-claim concerning the law of a State that so in- tervenes; and
(iv) any State law that is declared in- valid shall not be deemed to have been in- valid in its application during any period before the court’s judgment becomes final and all timely appeals, including discre- tionary review, of such judgment are ex- hausted.
Legal Challenge. If any legal action or special proceeding related to the PERMIT is commenced by anyone for any reason, the CITY and APPLICANT agree to cooperate with each other in good faith to defend the CITY. The APPLICANT shall not settle any lawsuit on grounds which include, but are not limited to, non-monetary relief, without the consent of the CITY.
Legal Challenge. Where the Councils direct the Contractor to proceed to implement a Satisfactory Pebsham Planning Permission without allowing the Challenge Period to elapse in respect of any relevant decision pursuant to clause 8B.2 (Implementation of Satisfactory Planning Permission) and a challenge is instituted within the Challenge Period the Councils shall indemnify and keep indemnified the Contractor for all costs, losses, expenses and liabilities reasonably and properly incurred up to the point at which such challenge is finally determined and the Contractor shall mitigate such costs, losses, expenses and liabilities provided that any indemnification of any costs, losses, expenses or liabilities shall be calculated on the basis that the Contractor should be in no better or no worse position than it would been in had such costs, losses, expenses or liabilities not arisen.
Legal Challenge. 17 7.4 Approvals; No Prohibition.....................................................................18 7.5 Marketing Agreement...........................................................................18