Common use of Litigation Without Termination Clause in Contracts

Litigation Without Termination. Subject to the alternative dispute resolution mechanisms set forth below in Section 18.3, any Member shall be entitled to maintain, on its own behalf or on behalf of the Company, any action or proceeding against any other Member or the Company (including, without limitation, any action for damages, specific performance or declaratory relief) for or by reason of breach by such party of this Agreement, except as set forth in Section 4.4E, above, notwithstanding the fact that any or all of the parties to such proceeding may then be Members in the Company, and without dissolving the Company as a limited liability company.

Appears in 2 contracts

Samples: Limited Liability Company Agreement, Limited Liability Company Agreement (Tejon Ranch Co)

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Litigation Without Termination. Subject to the alternative dispute resolution mechanisms mechanisms, if any, set forth below in Section 18.3this Agreement, any Member shall be entitled to maintain, on its own behalf or on behalf of the Company, any action or proceeding against any other Member or the Company (including, without limitation, any action for damages, specific performance or declaratory relief) for or by reason of breach by of such party of this Agreement or any Ancillary Agreement, except as set forth in Section 4.4E, above, notwithstanding the fact that any or all of the parties to such proceeding may then be Members members in the Company, and without dissolving the Company as a limited liability companyCompany.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Mountain Falls, LLC)

Litigation Without Termination. Subject to the alternative dispute resolution mechanisms set forth below in Section 18.3, any Member shall be entitled to maintain, on its own behalf or on behalf of the Company, any action or proceeding against any other Member or the Company (including, without limitation, any action for damages, specific performance or declaratory relief) for or by reason of breach by such party of this Agreement, except as set forth in Section 4.4E4.5B, above, notwithstanding the fact that any or all of the parties to such proceeding may then be Members in the Company, and without dissolving the Company as a limited liability company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Tejon Ranch Co)

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Litigation Without Termination. Subject to the alternative dispute resolution mechanisms set forth below in Section 18.316.3, any Member shall be entitled to maintain, on its own behalf or on behalf of the Company, any action or proceeding against any the other Member or the Company (including, without limitation, any action for damages, specific performance or declaratory relief) for or by reason of breach by such party of this Agreement, or breach of any other agreement between a Member and the other Member or the Company, except as set forth in Section 4.4E4.6B, above, notwithstanding the fact that any or all of the parties to such proceeding may then be Members in the Company, and without dissolving the Company as a limited liability company.

Appears in 1 contract

Samples: Limited Liability Company Agreement (Tejon Ranch Co)

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