Common use of State Court Litigation Clause in Contracts

State Court Litigation. (a) In the event a Party rejects the arbitrator's determination in accordance with Section 20.4.1(m), or the Commission determines to forego non-binding arbitration in accordance with Section 20.4.1(o), then either Party may thereafter file a lawsuit in the Xxxxxx County, Indiana Circuit/Superior Court located in Xxxxxx County, Indiana. (b) In the event the Party that rejected the arbitrator's decision does not obtain a more favorable result at the trial court level in the state court litigation, that Party shall be responsible to pay for the litigation costs, including the attorneys' fees, incurred by the other Party in the state court litigation.

Appears in 1 contract

Samples: Integrated Services Agreement

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State Court Litigation. (a) In the event If a Party rejects the arbitrator's determination in accordance with Section 20.4.1(m19.8.1(m), or the Commission Joint Board determines to forego non-binding arbitration in accordance with Section 20.4.1(o19.8.1(o), then either Party may thereafter file a lawsuit in the Xxxxxx Xxxxx County, Indiana Circuit/Superior Court located in Xxxxxx Xxxxx County, Indiana. (b) In the event If the Party that rejected to the arbitrator's decision does not obtain a more favorable result at the trial court level in the state court litigation, that Party shall be responsible to pay for the litigation costs, including the attorneys' fees, incurred by the other Party in the state court litigation.

Appears in 1 contract

Samples: Toll Services Agreement

State Court Litigation. (a) a. In the event a Party rejects the arbitratorArbitrator's determination in accordance with Section 20.4.1(m19.6.4.1(m), or the Commission IFA determines to forego non-binding arbitration in accordance with Section 20.4.1(o19.6.4.1(o), then either Party may thereafter file a lawsuit in the Xxxxxx County, Indiana Circuit/Superior Court located in Xxxxxx County, Indiana. (b) b. In the event the Party that rejected to the arbitratorArbitrator's decision does not obtain a more favorable result at the trial court level in the state court litigation, that Party shall be responsible to pay for the litigation costs, including the attorneys' fees, incurred by the other Party in the state court litigation.

Appears in 1 contract

Samples: Public Private Agreement

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State Court Litigation. (a) In the event a. If a Party rejects the arbitratorArbitrator's determination in accordance with Section 20.4.1(m19.6.4.1(m), or the Commission IFA determines to forego non-binding arbitration in accordance with Section 20.4.1(o19.6.4.1(o), then either Party may thereafter file a lawsuit in the Xxxxxx County, Indiana Circuit/Superior Court located in Xxxxxx County, Indiana. (b) In the event b. If the Party that rejected the arbitratorArbitrator's decision does not obtain a more favorable result at the trial court level in the state court litigation, that Party shall be responsible to pay for the litigation costs, including the attorneys' fees, incurred by the other Party in the state court litigation.

Appears in 1 contract

Samples: Public Private Agreement

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