Resolution of Disputes; Stipulation Regarding Confidentiality. Except as otherwise provided in Article VII, the parties hereto each agree to work together in good faith to resolve any disputes which may arise under this Agreement. Such attempts at resolution will be made at the level of a person to person meeting between the presidents of Parent and the Company, the Shareholders and the Shareholders' Agent. Each party agrees that it will not initiate any litigation against any other party hereto regarding the subject matter of this Agreement for at least sixty (60) days following such person -43- 49 to person meeting between the presidents of Parent and the Company, the Shareholders and the Shareholders' Agent except for (i) motions for a temporary restraining order or other preliminary equitable relief and (ii) circumstances in which a delay for such period would result in such action being barred as a result of the relevant statute of limitations expiring. In the event any litigation is initiated in compliance with this Section, the parties agree jointly to stipulate to the court that all proceedings in such action be kept confidential.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Sagent Technology Inc)
Resolution of Disputes; Stipulation Regarding Confidentiality. Except as otherwise provided in Article VIIVIII, the parties hereto each agree to work together in good faith to resolve any disputes which may arise under this Agreement. Such attempts at resolution will be made at the level of a person to person meeting between the presidents of Parent and the Company, the Shareholders and the Shareholders' Shareholder Agent. Each party agrees that it will not initiate any litigation against any other party hereto regarding the subject matter of this Agreement for at least sixty (60) days following such person -43- 49 to person meeting between the presidents of Parent and the Company, the Shareholders and the Shareholders' Shareholder Agent except for (i) motions for a temporary restraining order or other preliminary equitable relief and (ii) circumstances in which a delay for such period would result in such action being barred as a result of the relevant statute of limitations expiring. In the event any litigation is initiated in compliance with this Section, the parties agree jointly to stipulate to the court that all proceedings in such action be kept confidential.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Collegelink Com Incorp)
Resolution of Disputes; Stipulation Regarding Confidentiality. Except ------------------------------------------------------------- as otherwise provided in Article VIIVIII, the parties hereto each agree to work together in good faith to resolve any disputes which may arise under this Agreement. Such attempts at resolution will be made at the level of a person to person meeting between the presidents of Parent and the Company, the Shareholders and the Shareholders' Shareholder Agent. Each party agrees that it will not initiate any litigation against any other party hereto regarding the subject matter of this Agreement for at least sixty (60) days following such person -43- 49 to person meeting between the presidents of Parent and the Company, the Shareholders and the Shareholders' Shareholder Agent except for (i) motions for a temporary restraining order or other preliminary equitable relief and (ii) circumstances in which a delay for such period would result in such action being barred as a result of the relevant statute of limitations expiring. In the event any litigation is initiated in compliance with this Section, the parties agree jointly to stipulate to the court that all proceedings in such action be kept confidential.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Flycast Communications Corp)
Resolution of Disputes; Stipulation Regarding Confidentiality. Except as otherwise provided in Article VII, the parties hereto each agree to work together in good faith to resolve any disputes which may arise under this Agreement. Such attempts at resolution will be made at the level of a person to person meeting between the presidents of Parent and the Company, the Shareholders and the Shareholders' Agent. Each party agrees that it will not initiate any litigation against any other party hereto regarding the subject matter of this Agreement for at least sixty (60) days following such person -43- 49 to person meeting between the presidents of Parent and the Company, the Shareholders and the Shareholders' Agent except for (i) motions for a temporary restraining order or other preliminary equitable relief and (ii) circumstances in which a delay for such period would result in such action being barred as a result of the relevant statute of limitations expiring. In the event any litigation is initiated in compliance with this Section, the parties agree jointly to stipulate to the court that all proceedings in such action be kept confidential.
Appears in 1 contract
Samples: Agreement and Plan of Reorganization (Cybermedia Inc)