Common use of No Prevailing Party Clause in Contracts

No Prevailing Party. The Parties each agree that they are not the prevailing party in this action, for purposes of any claim for fees, costs, or expenses as prevailing parties arising under common law or under the terms of any statute, because the Parties have reached a good faith settlement. The Parties each further waive any right to challenge or contest the validity of this Agreement on any ground, including, without limitation, that any term is unconstitutional or is preempted by, or in conflict with, any current or future law.

Appears in 23 contracts

Samples: Settlement Agreement, Settlement Agreement, Settlement Agreement

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No Prevailing Party. The Parties each agree that they are not the prevailing party in this action, for purposes of any claim Claim for fees, costs, or expenses as prevailing parties arising under common law or under the terms of any statute, because the Parties have reached a good faith settlement. The Parties each further waive any right to challenge or contest the validity of this Agreement on any ground, including, without limitation, that any term is unconstitutional or is preempted by, or in conflict with, any current or future law.

Appears in 16 contracts

Samples: Settlement Agreement (Teva Pharmaceutical Industries LTD), Settlement Agreement, Settlement Agreement

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No Prevailing Party. The Parties each agree that they are not the prevailing party in this action, for purposes of any claim for fees, costs, or expenses as prevailing parties arising under common law or under the terms of any statute, because the Parties have reached a good faith settlement. The Parties each further waive any right to challenge or contest the validity of this Agreement on any ground, including, without limitation, that any term is unconstitutional or is preempted by, or in conflict with, any current or future law. Nothing in the previous sentence shall modify, or be construed to conflict with, Section IX.

Appears in 1 contract

Samples: Distributors’ Tribal Settlement Agreement

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