Resort to Litigation Sample Clauses

The 'Resort to Litigation' clause defines when and how parties to an agreement may initiate legal proceedings in court to resolve disputes. Typically, this clause outlines prerequisites such as mandatory negotiation or mediation efforts before litigation is permitted, and may specify the jurisdiction or venue for any court action. Its core practical function is to establish a clear process for escalating unresolved disputes to the judicial system, thereby providing a structured pathway for conflict resolution and helping to prevent premature or unnecessary lawsuits.
Resort to Litigation. The Parties agree not to commence a court proceeding relating to a Dispute until all good faith efforts to resolve the Dispute by alternative dispute resolution mechanisms pursuant to this Article 10 have been exhausted (but without derogation from the right of any Party to elect not to participate in arbitration); except that a Party may at any time commence litigation to seek injunctive relief or other interim measures of relief such as safekeeping property or to preserve a right of action which would otherwise have expired due to expiry of a limitation period. In the event of litigation, the Disputing Parties shall use best efforts to ensure that proceedings proceed efficiently and expeditiously by, for example, narrowing the scope of issues to be resolved, developing agreed statements of fact, limiting the scope of discoveries and, where appropriate, using processes such as summary judgment, summary trial, and the trial of an issue; and by trying to achieve settlement throughout the currency of the litigation through alternative dispute resolution procedures. In the event that the decision of the court is in favour of the Partnership, the Province shall reimburse the costs of the Partnership on a full indemnity, solicitor and own client basis.
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Resort to Litigation. If mediation fails to resolve the dispute within 30 days of selection of the mediator, the parties may thereafter seek redress in court subject to Section X.H. below.
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Resort to Litigation. A Party shall not be required to utilize the mediation process in this Section if immediate resort to litigation is necessary to protect its interests by seeking a temporary restraining order, preliminary injunction or other emergency or equitable relief.
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Related to Resort to Litigation

  • Cooperation With Regard to Litigation Executive agrees to cooperate with the Company, during the term and thereafter (including following Executive’s termination of employment for any reason), by making himself available to testify on behalf of the Company or any subsidiary or affiliate of the Company, in any action, suit, or proceeding, whether civil, criminal, administrative, or investigative, and to assist the Company, or any subsidiary or affiliate of the Company, in any such action, suit, or proceeding, by providing information and meeting and consulting with the Board or its representatives or counsel, or representatives or counsel to the Company, or any subsidiary or affiliate of the Company, as may be reasonably requested and after taking into account Executive’s post-termination responsibilities and obligations. The Company agrees to reimburse Executive, on an after-tax basis, for all reasonable expenses actually incurred in connection with his provision of testimony or assistance.

  • No Litigation Pending There is no action, suit, proceeding or investigation pending or threatened against the Servicer which, either in any one instance or in the aggregate, may result in any material adverse change in the business, operations, financial condition, properties or assets of the Servicer, or in any material impairment of the right or ability of the Servicer to carry on its business substantially as now conducted, or in any material liability on the part of the Servicer, or which would draw into question the validity of this Agreement or of any action taken or to be taken in connection with the obligations of the Servicer contemplated herein, or which would be likely to impair materially the ability of the Servicer to perform under the terms of this Agreement;

  • Alternative to Litigation 13.2.1 The Parties desire to resolve disputes arising out of this Agreement without litigation. Accordingly, the Parties agree to use the following Dispute Resolution procedures with respect to any controversy or claim arising out of or relating to this Agreement or its breach.

  • No Litigation Threatened No action or proceedings shall have been instituted or threatened before a court or other government body or by any public authority to restrain or prohibit any of the transactions contemplated hereby.

  • No Litigation, Etc No suit, action or other proceeding, investigation, or injunction or final judgment relating thereto, shall be pending or threatened before any court or governmental agency in which it is sought to restrain or prohibit or to obtain damages or other relief in connection with any of the Transaction Documents or the consummation of the Transaction.