Option to Litigate. Notwithstanding Clause 16.2 (Arbitration), any Agent may, in the alternative and at its sole discretion, by notice in writing to the Guarantor within 28 days of service of a Request for Arbitration (as defined in the Rules) or in the event no arbitration is commenced, require that such Dispute be heard by a court of law. If the Agent gives such notice, the Dispute to which the notice refers shall be determined in accordance with Clause 16.4 (English courts) and Clause 16.5 (Rights of Agents to take proceedings outside England). If any of the Agents elect for litigation, the parties shall take the steps necessary to terminate any arbitration relating to the Dispute (as described below). Each of the parties to the terminated arbitration will bear its own costs in relation thereto. If any notice to terminate the arbitration in accordance with this Clause 16.3 (Option to litigate) is given after service of any Request for Arbitration in respect of any Dispute, the Agent must also promptly give notice to the LCIA and to any Tribunal (each as defined in the Rules) already appointed in relation to the Dispute that such Dispute will be settled by the courts. Upon receipt of such notice by the LCIA, the arbitration and any appointment of any arbitrator in relation to such Dispute will immediately terminate. Any such arbitrator will be deemed to be functus officio. The termination is without prejudice to (a) the validity of any act done or order made by that arbitrator or by the court in support of that arbitration before his appointment is terminated; (b) his entitlement to be paid his proper fees and disbursements; and (c) the date when any claim or defence was raised for the purpose of applying any limitation bar or any similar rule or provision.
Option to Litigate. Notwithstanding the foregoing provisions of this Article, to the extent that the Company has demanded payment of a total amount of at least twenty million dollars ($20,000,000) or the currency equivalent thereof from any Subscribing Reinsurer or from the Reinsurers, the Company reserves the right to initiate litigation to resolve any disputes arising from such demand.
Option to Litigate. 33.3.1 Notwithstanding Clause 33.2 (Agreement to Arbitrate) above, the Delegate and any Agent may, in the alternative, and at its sole discretion, by notice in writing to the relevant Trustee(s) and the IsDB:
Option to Litigate. 23.2.1 Notwithstanding Clause 23.1 (Agreement to Arbitrate) above, the relevant Purchaser may, in the alternative, and at its sole discretion, by notice in writing to the IsDB:
Option to Litigate. Notwithstanding the foregoing provisions of this Article, to the extent that either Party has demanded payment of a total amount of at least twenty million dollars ($20,000,000) or the currency equivalent thereof under this Contract, and an arbitration demand has been served, either Party retains the option to initiate litigation to resolve any disputes arising from such demand, provided however, that the Party initiating such option to litigate must file suit within 60 days from the date on which the arbitration demand was served. The Parties hereby waive their rights to a jury trial in connection with any such litigation.
Option to Litigate. (a) Notwithstanding Clause 10.2 above, the Calculation Agent may, in the alternative, and at its sole discretion, by notice in writing to another party hereto:
Option to Litigate. (a) Notwithstanding Clause 34.2 above, any Agent may, in the alternative, and at its sole discretion, by notice in writing to another party hereto:
Option to Litigate. (a) At any time before an arbitral tribunal has been constituted under Clause 20.1 (Arbitration), a Beneficiary may by notice in writing to the Guarantor and/or to the other Beneficiary (a Notice) opt to litigate all Disputes or a specific Dispute between it and the Guarantor and/or the other Beneficiary (as the case may be). In the event such a Notice is given, Clause 20.1 (Arbitration) and Clause 35.2 (Consolidation of disputes) shall not apply to the Dispute or Disputes referred to in the Notice and this Clause 20.3 (Option to litigate) shall apply instead.
Option to Litigate. (a) At any time before an arbitral tribunal has been constituted under Clause 35.1 (Arbitration), the Lender may by notice in writing to all the other Parties (a Notice) opt to litigate all Disputes or a specific Dispute. In the event such a Notice is given, Clause 35.1 (Arbitration) and Clause 35.2 (Consolidation of disputes) shall not apply to the Dispute or Disputes referred to in the Notice and this Clause 35.3 shall apply instead.
Option to Litigate. (a) Notwithstanding the provisions of Clause 37.1 (Arbitration), the Facility Agent (on the instructions of the Majority Lenders) may, not later than 30 Business Days after service of a Request for Arbitration on any Obligor, serve written notice on such Obligor (an Election Notice) requiring a Dispute to be resolved in accordance with this Clause 37.2, in which case the English courts shall have exclusive jurisdiction to settle that Dispute.
