Settlement of litigations Sample Clauses

Settlement of litigations. Amiable solutions:
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Settlement of litigations. 23.1. The Acquirer and the Service Provider shall make every effort to resolve amicably, by invitation to direct reconciliation, any misunderstanding or dispute that may arise between them under or in connection with the performance of this contract. 23.2. If after 15 days from the commencement of the conciliation procedure, the Acquirer and the Service Provider fail to amicably solve a contractual divergence, any party may request for the dispute to be settled either by arbitration at the Chamber of Commerce and Industry of Romania, or by the courts in Romania. 23.3. The Service Provider is obliged to indemnify the Acquirer against any:
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Settlement of litigations. The Seller hereby agrees that it will not, without the prior written consent of the Buyer (which consent shall not be unreasonably withheld), enter into any compromise or settlement with respect to those legal proceedings identified in Item 2 and Item 3 of Schedule 3.1.7 (each, a "Retained Litigation") which would adversely affect the business of the Division as conducted in Canada on the Closing Date. If at any time subsequent to the Closing Date, the Seller decides to no longer pursue either Retained Litigation, the Seller shall notify the Buyer of such decision and shall, upon the written request of the Buyer, assign to the Buyer the Seller's cause of action with respect to such Retained Litigation. If the Seller assigns to the Buyer its cause of action relating to either Retained Litigation, the parties hereto agree that the aggregate amount (less the amount of any reasonable costs and expenses incurred by the Buyer in connection with such Retained Litigation) received by the Buyer in connection with the final determination of such Retained Litigation (whether as a result of settlement, compromise or an award of the court of competent jurisdiction) shall be shared equally by the Buyer and the Seller.
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Settlement of litigations. The Acquirer and the Service Provider shall make every effort to resolve amicably, by invitation to direct reconciliation, any misunderstanding or dispute that may arise between them under or in connection with the performance of this contract. If after 15 days from the commencement of the conciliation procedure, the Acquirer and the Service Provider fail to amicably solve a contractual divergence, any party may request for the dispute to be settled either by arbitration at the Chamber of Commerce and Industry of Romania, or by the courts in Romania. The Service Provider is obliged to indemnify the Acquirer against any: related damages, costs, fees and expenses of any kind, except where such an infringement results from the compliance with the specification drawn up by the Acquirer. The language governing the contract is Romanian.
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Settlement of litigations. Litigations of any nature arising out of the performance, interpretation and execution of this agreement or in connection herewith, which cannot be settled amicably by the representatives appointed by the parties, shall be settled by the competent courts of law in Bucharest.
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Related to Settlement of litigations

  • Defense of Litigation To appear in and defend any action or proceeding that may affect its title to or Secured Party’s interest in the Collateral.

  • Stay of Litigation The Parties agree that upon the execution of this Agreement the litigation shall be stayed, except to effectuate the terms of this Agreement. The Parties further agree that upon the signing of this Agreement that pursuant to CCP section 583.330 to extend the date to bring a case to trial under CCP section 583.310 for the entire period of this settlement process.

  • Cost of Litigation In case the STATE shall, without any fault on its part, be made a party to any litigation commenced by or against the CONTRACTOR in connection with this Contract, the CONTRACTOR shall pay all costs and expenses incurred by or imposed on the STATE, including attorneys' fees.

  • Notice of Litigation and Judgments The Borrower will, and ---------------------------------- will cause each of its Subsidiaries to, give notice to the Agent and each of the Banks in writing within fifteen (15) days of becoming aware of any litigation or proceedings threatened in writing or any pending litigation and proceedings affecting the Borrower or any of its Subsidiaries or to which the Borrower or any of its Subsidiaries is or becomes a party involving an uninsured claim against the Borrower or any of its Subsidiaries that could reasonably be expected to have a materially adverse effect on the Borrower or any of its Subsidiaries and stating the nature and status of such litigation or proceedings. The Borrower will, and will cause each of its Subsidiaries to, give notice to the Agent and each of the Banks, in writing, in form and detail satisfactory to the Agent, within ten (10) days of any judgment not covered by insurance, final or otherwise, against the Borrower or any of its Subsidiaries in an amount in excess of $1,000,000.

  • Costs of Litigation The parties agree that the prevailing party in any action brought with respect to or to enforce any right or remedy under this Agreement shall be entitled to recover from the other party or parties all reasonable costs and expenses of any nature whatsoever incurred by the prevailing party in connection with such action, including without limitation reasonable attorneys' fees and prejudgment interest.

  • Certain Litigation The Company agrees that it ------------------- shall not settle any litigation commenced after the date hereof against the Company or any of its directors by any stockholder of the Company relating to the Offer, the Merger, this Agreement or the Stockholder Agreements, without the prior written consent of Parent. In addition, the Company shall not voluntarily cooperate with any third party that may hereafter seek to restrain or prohibit or otherwise oppose the Offer or the Merger and shall cooperate with Parent and Sub to resist any such effort to restrain or prohibit or otherwise oppose the Offer or the Merger.

  • Notification of litigation The Borrower will provide the Agent with details of any legal or administrative action involving the Borrower, any Security Party, the Approved Manager, any Ship or the Earnings or the Insurances of any Ship as soon as such action is instituted or it becomes apparent to the Borrower that it is likely to be instituted, unless it is clear that the legal or administrative action cannot be considered material in the context of any Finance Document.

  • ABSENCE OF LITIGATION AND/OR REGULATORY PROCEEDINGS Except as set forth in the SEC Documents, there is no action, suit, proceeding, inquiry or investigation before or by any court, public board, government agency, self-regulatory organization or body pending or, to the knowledge of the executive officers of Company or any of its Subsidiaries, threatened against or affecting the Company, the Common Stock or any of the Company’s Subsidiaries or any of the Company’s or the Company’s Subsidiaries’ officers or directors in their capacities as such, in which an adverse decision could have a Material Adverse Effect.

  • Dismissal of Litigation Within five (5) days of the Effective Date, Summit, VISX and Pillar Point shall cause all of the Summit/VISX Litigation (as hereinafter defined) to be dismissed with prejudice, with each party to bear its own costs and attorneys' fees. As used herein, "Summit/VISX Litigation" means VISX Partner, Inc. v. Summit Partner, Inc., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. CV 772057; VISX, Incorporated v. Pillar Point Partners, et al., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. 770042; and VISX Partner, Inc., on behalf Pillar Point Partners, United States District Court, District Of Massachusetts, Case No. 96-11739-PBS. The term "Summit/VISX Litigation" includes all counterclaims, cross-claims and the like asserted in the foregoing actions.

  • Pending Litigation or Other Proceedings There is no pending or, to the best of the Backup Servicer’s Knowledge, threatened action, suit, proceeding or investigation before any court, administrative agency, arbitrator or governmental body against or affecting the Backup Servicer which, if decided adversely, would materially and adversely affect (i) the condition (financial or otherwise), business or operations of the Backup Servicer, (ii) the ability of the Backup Servicer to perform its obligations under, or the validity or enforceability of this Indenture or any other documents or transactions contemplated under this Indenture, (iii) any property or title of any Obligor to any property or (iv) the Indenture Trustee’s ability to foreclose or otherwise enforce the Liens of the Timeshare Loans.

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