Litigation of Disputes. Upon the occurrence of a Recapture Event, the Tax Matters Member shall have the right to appeal or contest such Recapture Event in any administrative proceeding or other forum for litigation before Treasury or such other Governmental Entity or court, subject to the consent of the Class A Majority and Class B Majority, such consent not be unreasonably withheld, conditioned or delayed. If the Tax Matters Member elects to so appeal or contest a Recapture Event, the Tax Matters Members shall conduct such appeal or contest, cooperate in good faith with the other Members and take all such actions as the other Members holding a majority of the Class A Membership Interests or Class B Membership Interest shall reasonably request in connection with the Tax Matters Member’s efforts to appeal such Recapture Event. If the Members holding a majority of the Class A Membership Interests or a majority of the Class B Membership Interests disagree with any submission or otherwise with the manner in which the Tax Matters Member intends to conduct such appeal or contest in an administrative proceeding or other forum for litigation, such Members will consult in good faith with the Tax Matters Member to resolve their differences pursuant to Article 13, and the Tax Matters Member will not proceed with such submission or conduct of the appeal or contest without the consent of the Class A Majority and the Class B Majority, such consent not to be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, the Tax Matters Member shall have no right to execute a closing agreement or other settlement agreement adjudicating or delaying resolution of any matter that relates to the Cash Grant Application or an appeal without the prior written consent the Class A Majority and Class B Majority, not to be unreasonably withheld, conditioned or delayed. 57 Portions of this Exhibit, indicated by the xxxx “[***],” were omitted and have been filed separately with the Secretary of the Commission pursuant to the Registrant’s application requesting confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934.
Litigation of Disputes. Any dispute not resolved at mediation shall be litigated in the Humboldt County Superior Court for the State of California.
Litigation of Disputes. Any disagreement, claim or dispute of any kind whatsoever concerning this Agreement, or the performance hereof, shall be resolved by an action commenced in the Supreme Court of the State of New York in and for the County of New York. For the purposes of this Agreement, the parties hereto irrevocably consent to the jurisdiction and venue of the said Court and agree that service of process may be made by certified mail, return receipt requested, at the address set forth in the preamble of this Agreement, or such other address as any party may, in writing, notify the other.
Litigation of Disputes. In the event of a dispute as to the interpretation, enforcement, application or violation of this Agreement, it is understood and agreed that the instant Court shall retain jurisdiction to resolve such dispute. In addition, the Parties specifically agree that the Court retain the right to award attorney’s fees in this action and the enforcement of this agreement.
Litigation of Disputes. Except as otherwise provided in this Agreement, any dispute arising between the parties under the terms of this Agreement (including any assertion that a default has occurred) shall be resolved by suit in the courts of the State of New Jersey. Unless otherwise agreed to in writing, the parties shall continue to perform their respective obligations under this Agreement during the pendency of any such suit.
Litigation of Disputes. In the event that the dispute is not resolved informally or by mediation and the Parties do not agree to arbitration, either Party may commence a suit in Clallam County Superior Court on all claims related to the dispute.
Litigation of Disputes
