Litigation Management Agreement. Notwithstanding anything to the contrary in this Agreement or the Litigation Management Agreement, in the event of any conflict or inconsistency between this Section 8.7 and any provision of the Litigation Management Agreement, this Section 8.7 shall control over such inconsistent provision of the Litigation Management as to the matters specifically addressed in this Section 8.7.
Litigation Management Agreement. On the Closing Date, the parties shall enter into a litigation management agreement substantially in the form set out as Schedule 9.21 (the "LITIGATION MANAGEMENT AGREEMENT").
Litigation Management Agreement. A litigation management agreement, in a form approved by Buyer and Sellers on or prior to the Execution Date (the “Litigation Management Agreement”), duly executed by Sellers and the Company; and
Litigation Management Agreement. The Litigation Management Agreement, duly executed by the Buyer; and
Litigation Management Agreement. This Litigation Management Agreement (‘LMA’) takes the form of a contract between you and all of the other Claimants agreeing to form the Volkswagen Emissions Group represented by SPG Law (a trading name of Excello Law Limited) (‘the Representatives’) in the Volkswagen, Audi, Skoda and Seat NOx Emissions Group Litigation (the SPG Law Claimants). The LMA is also a contract between you and the Representatives. For the sake of good order, and because the Volkswagen, Audi, Skoda and Seat NOx Emissions Group Litigation will be managed subject to a Group Litigation Order with a single Managing Judge, it is desirable for the Representatives respective clients’ cases to be conducted as though all clients were part of a single group. The LMA sets out the obligations of Claimants to each other, how the Proceedings will be managed and how decisions will be taken, and appoints a committee (the ‘Committee’) for that purpose. YOU and all those who accept this Agreement and whose names and addresses will appear in the Register which will be kept by the Representatives (each referred to as a ‘Claimant’ and together the ‘Claimants’) which may be updated from time to time as provided for in this Agreement.
Litigation Management Agreement. You agree to be bound by the terms of any attached Litigation Management Agreement. • Please see the Litigation Management Agreement itself for further details.
Litigation Management Agreement. A Litigation Management Agreement (“LMA”) is an agreement between you, Your Lawyers, and all the other claimants who join the Your Lawyers Claimant Group to pursue a Multi-Party/Group Action. By entering into the agreement, you appoint a client committee to represent you in the litigation and to provide instructions to Your Lawyers on your behalf. Due to the fact that in a multi-party/group action Your Lawyers will be representing a substantial number of claimants (in some instances thousands of claimants), it will not be possible for us to take instructions on every element of the case from each person individually. The appointment of a client committee is a mechanism by which Your Lawyers take instructions on behalf of everyone bringing claims in the group in order to achieve the best possible outcome in the litigation. The creation of a client committee in multi-party/group action claims is often a necessary requirement of obtaining Third-Party Litigation Funding and After the Event Insurance. Such practice is a common routine in multi-party/group action litigation. By entering into this agreement, you acknowledge and understand that it may be necessary for you to enter into an LMA to allow for the efficient conduct of this claim. You further acknowledge and understand that the client committee will, on behalf of the group and you, give instructions in relation to the general conduct of the litigation. This includes the incurrence of expenses (disbursements) such as Barristers’ fees, expert witness fees and court fees, the obtaining and entry into Third Party Litigation Funding, and the obtaining and entry into of insurance to cover adverse costs. You understand that some of these costs, in particular Third- Party Litigation Funding costs and insurance costs, are not recoverable from the opponent and will be payable by the group, including you, as a proportionate share. Such charges are normally deducted from your damages and are not included within the current deduction from damages cap. Once the decision has been taken to conduct the claim via a client committee, it is a requirement that you enter into the LMA. If you refuse to enter into the LMA, this will create a situation where Your Lawyers is acting both for clients via the client committee and individually. Unfortunately, such a situation may create a risk of a conflict of interest and result in us being unable to act for you. If we do withdraw from acting as a result of your refusal to enter in...
