Option to Litigate. 21.2.1 Notwithstanding Clause 21.1 (Agreement to Arbitrate) above, the Delegate may, in the alternative, and at its sole discretion, by notice in writing to the relevant Trustee and the IsDB:
(a) within 28 days of service of a Request; or
(b) in the event no arbitration is commenced, require that a Dispute be heard by a court of law. If the Delegate gives such notice, the Dispute to which such notice refers shall be determined in accordance with Clause 21.2.2 and, subject as provided below, any arbitration commenced under Clause 21.1 (Agreement to Arbitrate) in respect of that Dispute will be terminated. With the exception of the Delegate (whose costs will be borne by the IsDB), each of the parties to the terminated arbitration will bear its own costs in relation thereto.
21.2.2 If any notice to terminate is given after service of any Request in respect of any Dispute, the Delegate must also promptly give notice to the LCIA and to any Arbitral Tribunal (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) the arbitrator’s 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 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. 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. 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:
(a) within 28 days of service of a Request; or
(b) in the event no arbitration is commenced, require that a Dispute be heard by a court of law. If the Delegate or any Agent gives such notice, the Dispute to which such notice refers shall be determined in accordance with Clause
33.3.2 and, subject as provided below, any arbitration commenced under Clause 33.2 (Agreement to Arbitrate) in respect of that Dispute will be terminated. With the exception of the Delegate and the Agents (whose costs will be borne by the IsDB), each of the parties to the terminated arbitration will bear its own costs in relation thereto.
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.
(b) The English courts shall have jurisdiction to hear the Dispute or Disputes referred to in a Notice. Subject to paragraph (d) below, such jurisdiction shall be exclusive and each Party submits to the exclusive jurisdiction of the English courts in such circumstances.
(c) For the purposes of this Clause 35.3, the Company waives objection to the English courts on the grounds that they are an inconvenient forum to settle the Dispute or Disputes referred to in a Notice.
(d) This Clause 35.3 is for the benefit of the Lender only. To the extent allowed by law, the Lender may take:
(i) proceedings in any other court; and
(ii) concurrent proceedings in any number of jurisdictions, in respect of any Dispute or Disputes referred to in a Notice.
(e) Service of any Notice pursuant to this Clause 35.3 must be made in any manner authorised for the giving of communications in connection with this Agreement under Clause 32 (Notices).
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.
(b) If a notice is served pursuant to paragraph (a) above, requiring a Dispute to be resolved in accordance with this Clause 37.2, then each Party irrevocably agrees to the resolution of that Dispute in accordance with this Clause 37.2 and that any arbitration commenced in relation to that Dispute under Clause 37.1 (Arbitration) shall be withdrawn immediately.
(c) The English courts are the most appropriate and convenient courts to settle any such dispute in connection with this Agreement. Each Obligor agrees not to argue to the contrary and waives objection to those courts on the grounds of inconvenient forum or otherwise in relation to proceedings in connection with this Agreement.
(d) This Clause is for the benefit of the Lenders only. To the extent allowed by law, the Lenders may take:
(i) proceedings in any other court; and
(ii) concurrent proceedings in any number of jurisdictions.
Option to Litigate. Any Technical Dispute in which the amount in controversy exceeds $5,000,000 may, at either Party's election prior to the issuance by an Expert Arbitrator or an arbitral tribunal of a final arbitral award, be resolved in the Federal or State Courts located in Las Vegas, Nevada.
Option to Litigate. Notwithstanding Clause 19.2 (Arbitration), any Dealer 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 Dealer gives such notice, the Dispute to which the notice refers shall be determined in accordance with Clause 19.4 (English courts) and Clause 19.5 (
