Common use of Option to Litigate Clause in Contracts

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. 21.2.1 (a) Notwithstanding Clause 21.1 (Agreement to Arbitrate) 34.2 above, the Delegate any Agent may, in the alternative, and at its sole discretion, by notice in writing to the relevant Trustee and the IsDBanother party hereto: (ai) within 28 days of service of a RequestRequest for Arbitration (as defined in the Rules); or (bii) in the event no arbitration is commenced, require that a Dispute be heard by a court of law. If the Delegate an Agent hereto gives such notice, the Dispute to which such notice refers shall be determined in accordance with Clause 21.2.2 34.4 and, subject as provided below, any arbitration commenced under Clause 21.1 (Agreement to Arbitrate) 34.2 in respect of that Dispute will be terminated. With the exception Any Agent who gives such notice and each recipient of the Delegate (whose costs will be borne by the IsDB), that notice agrees that each of the parties to the terminated arbitration party will bear its own costs in relation theretoto the terminated arbitration. 21.2.2 (b) If any notice to terminate the arbitration in accordance with Clause 34.3(a) is given after service of any Request for Arbitration in respect of any Dispute, the Delegate party must also promptly give notice to the LCIA Court and to any Arbitral 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 LCIALCIA Court, 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: (ai) 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; (bii) the arbitrator’s his entitlement to be paid his proper fees and disbursements; and (ciii) 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. 21.2.1 (a) Notwithstanding Clause 21.1 (Agreement to Arbitrate) above29.2, the Delegate any Agent may, in the alternative, and at its sole discretion, by notice in writing to the relevant Trustee and the IsDBIssuer: (ai) within 28 days of service of a RequestRequest for Arbitration (as defined in the Rules); or (bii) in the event no arbitration is commenced, require that a Dispute be heard by a court of law. If the Delegate any Agent gives such notice, the Dispute to which such notice refers shall be determined in accordance with Clause 21.2.2 29.4 and, subject as provided below, any arbitration commenced under Clause 21.1 (Agreement to Arbitrate) 29.2 in respect of that Dispute will be terminated. With Any Agent who gives such notice and the exception recipient of the Delegate (whose costs will be borne by the IsDB), that notice agree that each of the parties to the terminated arbitration party will bear its own costs in relation theretoto such terminated arbitration. 21.2.2 (b) If any notice to terminate the arbitration in accordance with sub-clause 29.3(a) is given after service of any Request for Arbitration in respect of any Dispute, the Delegate party must also promptly give notice to the LCIA Court and to any Arbitral 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 LCIALCIA Court, 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: (ai) 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; (bii) the arbitrator’s his entitlement to be paid his proper fees and disbursements; and (ciii) 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. 21.2.1 (a) Notwithstanding Clause 21.1 (Agreement to Arbitrate) 10.2 above, the Delegate Calculation Agent may, in the alternative, and at its sole discretion, by notice in writing to the relevant Trustee and the IsDBanother party hereto: (ai) within 28 days of service of a RequestRequest for Arbitration (as defined in the Rules); or (bii) in the event no arbitration is commenced, require that a Dispute be heard by a court of law. If the Delegate Calculation Agent hereto gives such notice, the Dispute to which such notice refers shall be determined in accordance with Clause 21.2.2 10.4 and, subject as provided below, any arbitration commenced under Clause 21.1 (Agreement to Arbitrate) 10.2 in respect of that Dispute will be terminated. With The Calculation Agent who gives such notice and the exception recipient of the Delegate (whose costs will be borne by the IsDB), that notice agree that each of the parties to the terminated arbitration party will bear its own costs in relation theretoto the terminated arbitration. 21.2.2 (b) If any notice to terminate the arbitration in accordance with Clause 10.3(a) is given after service of any Request for Arbitration in respect of any Dispute, the Delegate party must also promptly give notice to the LCIA Court and to any Arbitral 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 LCIALCIA Court, 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: (ai) 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; (bii) the arbitrator’s his entitlement to be paid his proper fees and disbursements; and (ciii) 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. 21.2.1 ‌ (a) Notwithstanding Clause 21.1 (Agreement to Arbitrate) 10.2 above, the Delegate Calculation Agent may, in the alternative, and at its sole discretion, by notice in writing to the relevant Trustee and the IsDB:another party hereto:‌ (ai) within 28 days of service of a RequestRequest for Arbitration (as defined in the Rules); or (bii) in the event no arbitration is commenced, require that a Dispute be heard by a court of law. If the Delegate Calculation Agent hereto gives such notice, the Dispute to which such notice refers shall be determined in accordance with Clause 21.2.2 10.4 and, subject as provided below, any arbitration commenced under Clause 21.1 (Agreement to Arbitrate) 10.2 in respect of that Dispute will be terminated. With The Calculation Agent who gives such notice and the exception recipient of the Delegate (whose costs will be borne by the IsDB), that notice agree that each of the parties to the terminated arbitration party will bear its own costs in relation theretoto the terminated arbitration. 21.2.2 (b) If any notice to terminate the arbitration in accordance with Clause 10.3(a) is given after service of any Request for Arbitration in respect of any Dispute, the Delegate party must also promptly give notice to the LCIA Court and to any Arbitral 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 LCIALCIA Court, 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: (ai) 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; (bii) the arbitrator’s his entitlement to be paid his proper fees and disbursements; and (ciii) 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. 21.2.1 Notwithstanding (a) At any time before an arbitral tribunal has been constituted under Clause 21.1 20.1 (Agreement to Arbitrate) aboveArbitration), the Delegate may, in the alternative, and at its sole discretion, a Beneficiary may by notice in writing to the relevant Trustee Guarantor and/or to the other Beneficiary (a Notice) opt to litigate all Disputes or a specific Dispute between it and the IsDB: Guarantor and/or the other Beneficiary (aas the case may be). In the event such a Notice is given, Clause 20.1 (Arbitration) within 28 days and Clause 35.2 (Consolidation of service of a Request; ordisputes) shall not apply to the Dispute or Disputes referred to in the Notice and this Clause 20.3 (Option to litigate) shall apply instead. (b) The English courts shall have jurisdiction to hear the Dispute or Disputes referred to in a Notice. Subject to paragraph 35.3(d) above, such jurisdiction shall be exclusive and each Beneficiary and the event no arbitration is commenced, require that a Dispute be heard by a court Guarantor submits to the exclusive jurisdiction of law. If the Delegate gives English courts in such noticecircumstances. (c) For the purposes of this Clause 20.3 (Option to litigate), the Guarantor waives objection to the English courts on the grounds that they are an inconvenient forum to settle the Dispute or Disputes referred to which such notice refers shall be determined in accordance with a Notice. (d) This Clause 21.2.2 and, subject as provided below, any arbitration commenced under Clause 21.1 20.3 (Agreement Option to Arbitratelitigate) in respect of that Dispute will be terminated. With is for the exception benefit of the Delegate Beneficiaries only. To the extent allowed by law, a Beneficiary may take: (whose costs will be borne by the IsDB)i) proceedings in any other court; and (ii) concurrent proceedings in any number of jurisdictions, 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 Dispute or Disputes referred to the LCIA and to any Arbitral Tribunal in a Notice. (as defined in the Rulese) 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 Service of any arbitrator Notice pursuant to this Clause 20.3 (Option to litigate) must be made 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 manner authorised for the purpose giving of applying any limitation bar or any similar rule or provisioncommunications in connection with this Deed under Clause 17 (Notices).

Option to Litigate. 21.2.1 ‌ (a) Notwithstanding Clause 21.1 (Agreement to Arbitrate) 37.2 above, the Delegate any Agent may, in the alternative, and at its sole discretion, by notice in writing to the relevant Trustee and the IsDB:another party hereto:‌ (ai) within 28 days of service of a RequestRequest for Arbitration (as defined in the Rules); or (bii) in the event no arbitration is commenced, require that a Dispute be heard by a court of law. If the Delegate an Agent hereto gives such notice, the Dispute to which such notice refers shall be determined in accordance with Clause 21.2.2 37.4 and, subject as provided below, any arbitration commenced under Clause 21.1 (Agreement to Arbitrate) 37.2 in respect of that Dispute will be terminated. With the exception Any Agent who gives such notice and each recipient of the Delegate (whose costs will be borne by the IsDB), that notice agrees that each of the parties to the terminated arbitration party will bear its own costs in relation theretoto the terminated arbitration. 21.2.2 (b) If any notice to terminate the arbitration in accordance with Clause 37.3(a) is given after service of any Request for Arbitration in respect of any Dispute, the Delegate party must also promptly give notice to the LCIA Court and to any Arbitral 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 LCIALCIA Court, 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: (ai) 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; (bii) the arbitrator’s his entitlement to be paid his proper fees and disbursements; and (ciii) 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. 21.2.1 33.3.1 Notwithstanding Clause 21.1 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 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 21.2.2 33.3.2 and, subject as provided below, any arbitration commenced under Clause 21.1 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. 21.2.2 33.3.2 If any notice to terminate is given after service of any Request in respect of any Dispute, the Delegate or the Agent (as the case may be) 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 their appointment is terminated; (b) the arbitrator’s entitlement to be paid his their 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. 21.2.1 ‌ (a) Notwithstanding Clause 21.1 (Agreement to Arbitrate) 35.2 above, the Delegate any Agent may, in the alternative, and at its sole discretion, by notice in writing to the relevant Trustee and the IsDB:another party hereto:‌ (ai) within 28 days of service of a RequestRequest for Arbitration (as defined in the Rules); or (bii) in the event no arbitration is commenced, require that a Dispute be heard by a court of law. If the Delegate an Agent hereto gives such notice, the Dispute to which such notice refers shall be determined in accordance with Clause 21.2.2 35.4 and, subject as provided below, any arbitration commenced under Clause 21.1 (Agreement to Arbitrate) 35.2 in respect of that Dispute will be terminated. With the exception Any Agent who gives such notice and each recipient of the Delegate (whose costs will be borne by the IsDB), that notice agrees that each of the parties to the terminated arbitration party will bear its own costs in relation theretoto the terminated arbitration. 21.2.2 (b) If any notice to terminate the arbitration in accordance with Clause 35.3(a) is given after service of any Request for Arbitration in respect of any Dispute, the Delegate party must also promptly give notice to the LCIA Court and to any Arbitral 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 LCIALCIA Court, 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: (ai) 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; (bii) the arbitrator’s his entitlement to be paid his proper fees and disbursements; and (ciii) 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. 21.2.1 33.3.1 Notwithstanding Clause 21.1 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 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 21.2.2 33.3.2 and, subject as provided below, any arbitration commenced under Clause 21.1 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. 21.2.2 33.3.2 If any notice to terminate is given after service of any Request in respect of any Dispute, the Delegate or the Agent (as the case may be) 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. 21.2.1 (a) Notwithstanding Clause 21.1 (Agreement to Arbitrate) 10.2 above, the Delegate Calculation Agent may, in the alternative, and at its sole discretion, by notice in writing to the relevant Trustee and the IsDB:another party hereto:‌ (ai) within 28 days of service of a RequestRequest for Arbitration (as defined in the Rules); or (bii) in the event no arbitration is commenced, require that a Dispute be heard by a court of law. If the Delegate Calculation Agent hereto gives such notice, the Dispute to which such notice refers shall be determined in accordance with Clause 21.2.2 10.4 and, subject as provided below, any arbitration commenced under Clause 21.1 (Agreement to Arbitrate) 10.2 in respect of that Dispute will be terminated. With The Calculation Agent who gives such notice and the exception recipient of the Delegate (whose costs will be borne by the IsDB), that notice agree that each of the parties to the terminated arbitration party will bear its own costs in relation theretoto the terminated arbitration. 21.2.2 (b) If any notice to terminate the arbitration in accordance with Clause 10.3(a) is given after service of any Request for Arbitration in respect of any Dispute, the Delegate party must also promptly give notice to the LCIA Court and to any Arbitral 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 LCIALCIA Court, 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: (ai) 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; (bii) the arbitrator’s his entitlement to be paid his proper fees and disbursements; and (ciii) the date when any claim or defence was raised for the purpose of applying any limitation bar or any similar rule or provision.