Litigation Rights. Notwithstanding any other provision of this Agreement, and regardless of the dispute resolution provisions and arbitration requirements set out herein, Checkmarx may, without waiving any remedy under this Agreement, seek relief from any court of competent jurisdiction to: (a) protect its confidential information or Intellectual Property Rights; or (b) pursue collections activity or compel the payment of Fees due hereunder.
Litigation Rights. Subject to Section 8.2, if the Parties are unable to satisfactorily resolve the Dispute within thirty (30) days from the receipt of notice of the Dispute, subject to any extensions of time as may be mutually agreed upon in writing, a Party may initiate litigation in a court of law with jurisdiction located in Sacramento County, California, which shall be the exclusive venue to litigate disputes.
Litigation Rights. (a) With effect from 21 August 2006, as between CSIRO and Benitec Australia, CSIRO is to have sole responsibility and control over taking, and the right to take, in CSIRO’s discretion, all relevant actions:
Litigation Rights. Either party may, without waiving any remedy under this Agreement, seek temporary or permanent injunctive relief including without limitation equitable relief from any court of competent jurisdiction to protect its Confidential Information, non-solicitation rights, License rights and Intellectual Property Rights, regardless of the arbitration requirements. MicroPact reserves the right to pursue legal action in a court of competent jurisdiction to compel payment due hereunder and, in such a case, MicroPact shall be entitled to recover its costs and reasonable attorneys' fees (including the allocable costs of in-house counsel), regardless of the arbitration requirements. The aforementioned clause shall not apply to awards under the Multiple Award Schedule 70 contract.
Litigation Rights. In the event the Parties are unable to satisfactorily resolve the Dispute within 30 days from the receipt of notice of the Dispute, subject to any extensions of time as may be mutually agreed upon in writing, or any arbitration agreement, either Party may initiate litigation in a court of law with jurisdiction located in Las Vegas or Reno, Nevada, which shall be the exclusive venue to litigate disputes.
Litigation Rights. To the extent authorized in the Collateral Agreement, Mortgagee shall have the right (a) to appear in and defend any action or proceeding, in the name and on behalf of Mortgagor which Mortgagee, in its sole discretion, determines may adversely affect the Property or this Mortgage; and (b) to institute any action or proceeding which Mortgagee, in its discretion, feels should be brought to protect its interest in the Property or their respective rights hereunder. All costs and expenses incurred by Mortgagee in connection with such actions or proceedings, including, without limitation, reasonable attorneys' fees and costs shall be paid by Mortgagor, on demand.
Litigation Rights. Either party may, without waiving any remedy under this Agreement, seek temporary or permanent injunctive relief including without limitation equitable relief from any court of competent jurisdiction to protect its confidential information, non-solicitation, and intellectual property rights, regardless of the mediation requirements. However, for any disputes not settled by mediation as set forth in Section 12.1, the exclusive venue and jurisdiction for all claims arising out of or in connection with this Agreement shall be the competent state or federal court for the county of Arlington, Virginia. The prevailing party shall be entitled to recover from the other party its actual costs and expenses (including allowable attorneys’ fees and expenses) incurred in connection with any litigation between the parties relating to or arising under this Agreement. FURTHERMORE, THE PARTIES HERETO ACKNOWLEDGE THAT THE RIGHT TO TRIAL BY JURY IS A CONSTITUTIONAL RIGHT, BUT THAT THIS RIGHT MAY BE WAIVED. THE PARTIES EACH HEREBY KNOWINGLY, VOLUNTARILY AND WITHOUT COERCION, WAIVE ALL RIGHTS TO A TRIAL BY JURY OF ALL DISPUTES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, OR ANY OTHER AGREEMENT BETWEEN THE PARTIES.
Litigation Rights. Either party may seek temporary or permanent injunctive relief from any court of competent jurisdiction to protect its Confidential Information, non- solicitation rights, and Intellectual Property Rights, regardless of the arbitration requirements. PPRA reserves the right to pursue collections activity or legal action in a court of competent jurisdiction to compel payment, regardless of the arbitration requirements, and in such a case, PPRA shall be entitled to recover its costs and reasonable attorneys' fees (including the allocable costs of in-house counsel).
