NO-CONTEST CLAUSE Sample Clauses
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NO-CONTEST CLAUSE. If any beneficiary of this trust, singly or in conjunction with any other person, contests in any court the validity of this trust (including any amendment hereto), a Settlor’s Will (including any codicils thereto), or any provisions of either; or seeks to obtain an adjudication in any proceeding that this trust, a Settlor’s Will, or any provisions of either is void; or seeks to otherwise void, nullify, or set aside this trust or any of its provisions; or files a creditor’s claim (except for a claim based on a written promise or agreement signed by either of us) against a Settlor’s estate; or files a creditor’s claim (except for a claim based on a written promise or agreement signed by either of us) against the trust; or files a petition or other pleading to change the character of any property owned by either of us, the character of which has been designated by such Settlor in writing; or files a petition or other pleading to challenge the validity of any instrument, contract, agreement, trust, or beneficiary designation that either of us has entered into during his or her lifetime and that relates to the disposition of assets of a Settlor upon his or her death (collectively “Documents”); or files a petition or other pleading for settlement or compromise of any Document; then the right of such beneficiary to take any interest given to him or her under this trust or any Document shall be determined as it would have been determined had such beneficiary predeceased us without surviving issue. The Trustees are hereby authorized to defend, at the expense of the trust estate, any contest or other attack of any nature on this trust or any of its provisions. Notwithstanding the foregoing, this paragraph shall not apply to any transfer or trust hereunder otherwise qualifying for the federal estate tax charitable deduction. SIGNED at , California, on , 2011. HUSBAND LAST NAME, Settlor WIFE LAST NAME, Settlor ACCEPTED: HUSBAND LAST NAME, Trustee WIFE LAST NAME, Trustee STATE OF CALIFORNIA ) ) COUNTY OF ) On , 2011, before me, , Notary Public, personally appeared HUSBAND LAST NAME and WIFE LAST NAME, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the...
NO-CONTEST CLAUSE. If any beneficiary under a trust created by this document shall, directly or indirectly, contest in any court the validity of any trust created by this document, or any will or other document making a transfer to this trust, or shall seek to obtain an adjudication in any proceeding in any court that this trust or any of its dispositive provisions are void, or otherwise seek to void, nullify, or set aside the trust or any of its provisions, then the right of that person to take any interest given to him/her by this document shall be determined as it would have been determined had the person predeceased the execution of this declaration of trust.
NO-CONTEST CLAUSE. If any Remaindermen under this PRIMARY BENEFICIARY Trust in any manner, directly or indirectly, contests or attacks such trust or any of its provisions, any share or interest in the trust estate given to that contesting beneficiary under this trust is revoked and shall be disposed of in the same manner provided herein as if that contesting beneficiary had predeceased the TRUSTOR or, if more than one TRUSTOR, the last TRUSTOR to die. Yes No initials
NO-CONTEST CLAUSE. If any beneficiary of a trust created hereunder in any manner, directly or indirectly, contests the validity of this Trust Agreement or any of its provisions, or institutes or joins in, except as a party defendant, any proceeding to contest the validity of this Trust Agreement or to prevent any provision hereof from being carried out in accordance with the terms hereof, then all benefits provided for such beneficiary and such contesting beneficiary’s descendants are revoked and will pass as if that contesting beneficiary and such contesting beneficiary’s descendants had failed to survive the Settlor. The provisions of this Article will be enforceable unless in a court action determining whether this no contest clause should be enforced, the party bringing the contest establishes that the contest was brought and maintained in good faith and that just cause exists for bringing the contest. Each benefit conferred herein is made on the condition precedent that the beneficiary receiving such benefit accepts and agrees to all of the provisions of this Trust Agreement or any trust created hereunder, and the provisions of this Article are an essential part of each and every benefit. The Trustee will be reimbursed for the reasonable costs and expenses, including attorneys’ fees, incurred in connection with the defense of any such contest.
NO-CONTEST CLAUSE. Ethicon agrees not to contest the ownership, validity or inventorship of the ‘604 patent or any of its foreign counterparts. Inamed agrees not to contest the ownership, validity or inventorship of the ‘176 patent and any of its foreign counterparts. The parties mutually covenant not to bring any action of any kind against the other party relating to the ownership, validity, inventorship, or infringement of the ‘176 and ‘604 patents, and to cause any such pending actions, wherever in the world they may be pending, to be promptly abandoned and/or withdrawn.
NO-CONTEST CLAUSE. The LICENSEE undertakes not to contest the LICENSOR’s Know-How either by an invalidity suit, opposition or otherwise, not to assist Third Parties directly or indirectly in contesting the LICENSOR’s Know-How. The scope of protection of this provision ▇▇▇▇ also cover the contracutal Know-How.
NO-CONTEST CLAUSE. If any beneficiary under this instrument, singularly or in combination with any other person or persons, directly or indirectly, and without probable cause, challenges the validity of this instrument on any of the grounds listed below, then the right of that person to take any interest given to them by this instrument shall be void,
(a) Forgery;
(b) Lack of due execution;
(c) Lack of capacity;
(d) ▇▇▇▇▇▇, duress, fraud, or undue influence;
(e) Revocation pursuant to the terms of this instrument or applicable law;
(f) Disqualification of a beneficiary who is described in California Probate Code Section 6112, California Probate Code Section 21380, or applicable successor statutes.
NO-CONTEST CLAUSE. During the Project Term, the contractual partners will refrain from contesting either themselves or assisting third parties in contesting any intellectual property rights which arise within the scope of this project and which have been registered by the contractual partners.
NO-CONTEST CLAUSE. If a beneficiary under this instrument, alone or in conjunction with any other person or persons, contests or attacks the validity of this instrument in any court or seeks to obtain an adjudication in any proceeding in any court that this trust or any of its provisions are void, or otherwise seeks to void, nullify, or set aside this trust or any of its provisions, or if a beneficiary contests or attacks either trustor's last will or any provisions of those ▇▇▇▇▇ in any proceeding designed to thwart their wishes as expressed in those ▇▇▇▇▇, then that beneficiary's right to take any interest given to that beneficiary in this instrument shall be determined as it would have been determined had the beneficiary predeceased the execution of this trust instrument without surviving descendants. The trustee is authorized to defend, at the expense of the trust, any contest or attack on this trust or any of its provisions.
NO-CONTEST CLAUSE. If any beneficiary under this instrument, singularly or in combination with any other person or persons, directly or indirectly, and without probable cause, challenges the validity of this instrument on any of the grounds listed below, then the right of that person to take any interest given to them by this instrument shall be void, and any gift or other interest in the trust property to which the beneficiary would otherwise have been entitled shall pass as if they had predeceased the Settlors.
(a) Forgery;
(b) Lack of due execution;
(c) Lack of capacity;
(d) ▇▇▇▇▇▇, duress, fraud, or undue influence;
(e) Revocation pursuant to the terms of this instrument or applicable law;
(f) Disqualification of a beneficiary who is described in California Probate Code Section 6112, California Probate Code Section 21380, or applicable successor statutes.