Right to Commence Legal Action Sample Clauses

Right to Commence Legal Action. [Omit 3.6 if non-exclusive] Provided Contributor has elected to grant Company exclusive rights in Section 3.1, Contributor grants Company the exclusive right, at its expense, to determine in its sole and reasonable discretion, without obligation, if and when any legal action shall be pursued with regard to the Accepted Images, and to defend claims and counterclaims related to the Accepted Images. Company shall have complete discretion regarding its choice of attorney. Settlements shall not be subject to Contributor’s prior approval; however Company shall not enter into any settlement that shall impair Contributor’s ownership or copyright in the Accepted Images. Contributor agrees to cooperate with Company, providing, if requested, all reasonable assistance to Company. Contributor agrees to be named in and being joined in as a party to any proceeding in connection with the prosecution or defense of any legal claim. If Company declines to bring a claim, Contributor retains the right to bring an action in its own name, at its own expense. In the event of any recovery, whether settlement or otherwise, Contributor shall pay Company the same percentage as it would receive under Paragraph 4.2 after payment of all reasonable costs, expenses, expert witness fees and attorneys’ fees.
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Right to Commence Legal Action. Provided Contributor has elected to grant PressFoto rights in Section 3.1, Contributor grants PressFoto the right, at its expense, to determine in its sole and reasonable discretion, without obligation, if and when any legal action shall be pursued with regard to the Accepted Images, and to defend claims and counterclaims related to the Accepted Images. PressFoto shall have complete discretion regarding its choice of attorney. Settlements shall not be subject to Contributor’s prior approval; however PressFoto shall not enter into any settlement that shall impair Contributor’s ownership or copyright in the Accepted Images. Contributor agrees to cooperate with PressFoto, providing, if requested, all reasonable assistance to PressFoto. Contributor agrees to be named in and being joined in as a party to any proceeding in connection with the prosecution or defense of any legal claim. If PressFoto declines to bring a claim, Contributor retains the right to bring an action in its own name, at its own expense.
Right to Commence Legal Action. Provided Contributor has elected to grant Company exclusive rights in Section 5.1, Contributor grants Company and Distributors the exclusive right, at its expense, to determine in its sole and reasonable discretion, without obligation, if and when any Legal Action shall be pursued with regard to the Selected Images, and to defend claims and counterclaims related to the Selected Images. Company and Distributors shall have complete discretion regarding its their choice of attorney in any Legal Actions. Any settlement or resolution of a Legal Action shall not be subject to Contributor’s prior approval; however Company and/or Distributors shall not enter into any settlement or resolution that shall impair Contributor’s ownership or copyright in the Selected Images without Contributor’s prior written consent. Contributor agrees to cooperate with Company and Distributors in any Legal Action, providing, if requested, all reasonable assistance to Company. Contributor agrees to be named in and being joined in as a party to any proceeding in connection with any Legal Action or defense of any legal claim and Distributors. If Company declines to bring a Legal Action, Contributor retains the right to bring an action in its own name, at its own expense. In the event of any recovery by Contributor in its own legal action involving a Selected Image, whether through settlement, adjudication or otherwise, Contributor shall pay Company the same percentage as Company would receive under Paragraph 8.1 after payment of all reasonable costs, expenses, expert witness fees and attorneys’ fees.

Related to Right to Commence Legal Action

  • Other Legal Actions The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

  • No Legal Action No action or proceeding shall be pending or threatened by any Person to enjoin, restrict or prohibit any of the Transactions or the right of the Purchaser to conduct the Purchaser Business after Closing on substantially the same basis as heretofore conducted.

  • No Legal Actions No court or governmental authority of competent jurisdiction shall have issued an order, not subsequently vacated, restraining, enjoining or otherwise prohibiting the consummation of the transactions contemplated by this Agreement, and no person shall have instituted an action or proceeding which shall not have been previously dismissed seeking to restrain, enjoin or prohibit the consummation of the transactions contemplated by this Agreement or seeking damages with respect thereto.

  • Right to Contest Borrower, at its own expense, may contest by appropriate legal proceedings, conducted diligently and in good faith, the amount or validity of any Imposition other than Insurance premiums and Ground Rent (if applicable), if: (i) Borrower notifies Lender of the commencement or expected commencement of such proceedings, (ii) the Mortgaged Property is not in danger of being sold or forfeited, (iii) if Borrower has not already paid the Imposition, Borrower deposits with Lender reserves sufficient to pay the contested Imposition, if requested by Lender, and (iv) Borrower furnishes whatever additional security is required in the proceedings or is reasonably requested by Lender, which may include the delivery to Lender of reserves established by Borrower to pay the contested Imposition.

  • Legal Action There shall not have been instituted or threatened any legal proceeding relating to, or seeking to prohibit or otherwise challenge the consummation of, the transactions contemplated by this Agreement, or to obtain substantial damages with respect thereto.

  • RIGHT TO CONDUCT AUDIT The SUDRF grants the United States General Accounting Office the right to conduct audits.

  • Cooperate in Legal Proceedings Borrower shall cooperate fully with Lender with respect to any proceedings before any court, board or other Governmental Authority which may in any way affect the rights of Lender hereunder or any rights obtained by Lender under any of the other Loan Documents and, in connection therewith, permit Lender, at its election, to participate in any such proceedings.

  • Right to Counsel The Indemnified Persons shall have the right to employ counsel in their, its, his or her sole discretion. Such Indemnified Persons shall be responsible for the expenses of such separate counsel except as provided in Subsection 6(c)(iii). The Advisor agrees to cooperate fully with the Indemnified Persons and their separate counsel in responding to such threatened or actual claims.

  • Right to Consult Counsel The Warrant Agent may at any time consult with legal counsel satisfactory to it (who may be legal counsel for the Company), and the Warrant Agent shall incur no liability or responsibility to the Company or to any Holder for any action taken, suffered or omitted by it in good faith in accordance with the opinion or advice of such counsel.

  • Application to Court If (i) a claim for indemnification or advancement of Expenses is denied, in whole or in part, (ii) no disposition of such claim is made by the Company within ninety (90) days after the request therefore, (iii) the advancement of Expenses is not timely made pursuant to Section 6 of this Agreement or (iv) payment of indemnification is not made pursuant to Section 5 of this Agreement, the Indemnitee shall have the right to apply to the Delaware Court of Chancery, the court in which the Proceeding is or was pending, or any other court of competent jurisdiction, for the purpose of enforcing the Indemnitee’s right to indemnification (including the advancement of Expenses) pursuant to this Agreement.

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