Third Party Disputes. If any dispute involves parties other than Owner, Consultant or a Consultant Representative that is bound by these dispute resolution provisions, this Section 21 shall be interpreted to require joinder of those third parties into the dispute resolution procedure prescribed herein to the fullest extent permitted by law. All parties shall cooperate in good faith to ensure that all necessary and appropriate parties are included in the dispute resolution proceeding. If a third party (other than a bound Consultant Representative) brings an action or proceeding, including any alternative dispute resolution proceeding (the “Third-Party Action”) against Owner and it is not legally permissible to bring the third party into the dispute resolution procedure provided herein, Owner may, in its sole and absolute discretion, elect any one of the following options:
(a) Implement a standstill arrangement pursuant to which Consultant and all Consultant Representatives shall be bound and all proceedings herein shall thereafter be stayed, all statutes of limitations tolled, and all rights, as between or among Owner, Consultant, or any Consultant Representative involved in the dispute are preserved pending the outcome of the Third-Party Action;
(b) Join Consultant or any Consultant Representative in the Third-Party Action to the fullest extent permitted by law, without regard to the procedural requirements established herein, and therefore resolve all disputes with Consultant and any such Consultant Representative relating to the Third-Party Action; or
(c) Proceed independently of the Third-Party Action to resolve all disputes of any nature, including those relating to any claims or controversies affecting Consultant or any Consultant Representative being litigated in the Third-Party Action in accordance with the procedures set forth herein.
Third Party Disputes. You understand and agree that we are not a Digital Wallet provider and therefore, are not responsible for the products and services associated with a Digital Wallet. Accordingly, you agree to resolve any disputes directly with the Digital Wallet provider or third-party service provider (such as your mobile service carrier) without involving us. Such disputes may include, but are not limited to, payment failures caused by the Digital Wallet and errors or delays caused by the inability to use the Digital Wallet for a transaction. We are not responsible for the security, accuracy, legality, appropriateness or any other aspect of the content or function of the Digital Wallet or any third party’s products or services.
Third Party Disputes. Except as otherwise provided in this Agreement, Royal Bank is not responsible for any Dispute the Customer may have with any other Person, including its clients, payees, or creditors or any Beneficiary, as a result of this Agreement or any Service. The Customer assumes full responsibility for resolving any such Dispute directly with the Person in a manner that does not adversely affect Royal Bank. Royal Bank is not responsible if the Person: (i) does not credit the Customer for an Instrument for whatever reason; (ii) charges the Customer fees or penalties related to an Instrument; or (iii) does not supply the goods or services purchased or if the goods or services supplied are not suitable.
Third Party Disputes. If the Trustee is subject to a legal or administrative action to release or cancel the domain, the Customer must state in writing within the deadline provided in Section 1, whether the Customer approves of the release or wants to defend the domain. If the Customer approves the release, the Trustee will apply for cancellation of the domain with Nominet and inform the third party/claimant. The contractual relationship between the Trustee and Customer will end with this application without any further termination being necessary. The Trustee may cancel the domain, if the Customer does not provide any written statement in this regard. If the Customer informs the Trustee that it wants to defend the domain, then the customer has 2 days to leave a security deposit (cash/cash-equivalent in EURO), the amount of which to be determined according to the Trustee’s reasonable discretion based on the Court Fees Act and the regulations regarding attorney`s fees of the European Union’s member states and the United Kingdom, where that security deposit guarantees the Trustee`s indemnification claims pursuant to Section 6 for potential procedural costs that the Trustee party might need to carry. Moreover, within 2 days the Customer must appoint legal counsel to represent the Customer against third parties both in and out of court. If the Customer does not satisfy the duties of this section, the Trustee may proceed pursuant to Section 3.
Third Party Disputes. (SELLER'S DUTY TO DEFEND): In the event an aggrieved party files an arbitration claim or lawsuit against or in any way involving Broker that seeks payment of a commission or money damages in connection with the sale or attempted sale of the Property, Seller agrees to indemnify, defend, and hold Broker harmless from, and aid Broker in defense of any such claim or lawsuit ("Duty to Defend"). Seller further agrees that, upon commencement of such an arbitration claim or lawsuit, Broker may immediately charge $700.00 on Seller's credit card on file with Broker in anticipation of Broker's legal and administrative fees in responding to such a claim or lawsuit, regardless of its merits. This charge is nonrefundable. This charge is not and should not be construed as a limitation on Seller's Duty to Defend. If Seller fails, for any reason, to fulfill its Duty to Defend, Broker may seek indemnity, contribution, and/or reimbursement from Seller for all costs incurred as a result of the claim or lawsuit, including attorney's fees as well as recovery of all costs of collection thereof, including but not limited to attorney's fees, collection agency fees, court costs, and expenses, less the $700 previously paid by Seller pursuant to this paragraph.
Third Party Disputes. Principal agrees to indemnify, defend and hold Listing Agent harmless should any party initiate a lawsuit or any alternative dispute resolution involving Listing Agent as a result of any Principal attempted transfer of Property. Principal shall pay all costs, fees (including attorneys fees), and/or fines incurred by Listing Agent that result, or are associated with any such lawsuit or alternative dispute resolution.
Third Party Disputes. In the event of a third party claim against either: (a) CJ’s intellectual property; or (b) against CJ’s right to offer any service or good on CJ’s Web site(s) or if, in CJ’s opinion, such a claim is likely, CJ shall have the right, at its sole option and in its sole discretion, to (i) secure the right at CJ’s expense to continue using the intellectual property or good or service; or (ii) at CJ’s expense replace or modify the same to make it non-infringing or without misappropriation.
Third Party Disputes. (a) The Authority shall not expressly waive, forego, settle, or otherwise resolve any claim or dispute by or against any third party (including but not limited to the CM at Risk) arising out of or related to the development, design or construction of the Stadium Project (“Project Claim”) without the prior written approval of StadiumCo, which shall not be unreasonably conditioned, delayed or withheld. If the Authority fails to obtain StadiumCo’s prior written approval before waiving, foregoing, settling, or otherwise resolving any Project Claim, then the StadiumCo Parties shall not be responsible for payment of any resulting cost, damage, expense or other loss, regardless of whether such cost, damage, expense or other loss results in Cost Overruns. In addition, if the Authority fails to obtain StadiumCo’s prior written approval before waiving, foregoing, settling, or otherwise resolving any Project Claim that results in a waiver of any of the StadiumCo Parties’ rights to damages, the Authority shall, to the extent permitted by Applicable Law, indemnify the StadiumCo Parties for any and all such damages.
(b) The Authority shall promptly notify StadiumCo in writing of any Project Claim. Upon request, the Authority shall allow one or more of the StadiumCo Parties (at their choice) to participate in the prosecution or defense of such the Project Claim and make determinations on whether to settle such Project Claim. The Authority shall also cooperate and coordinate with the StadiumCo Parties to allow them to enforce their rights as third-party beneficiaries under any Project Agreement.
(c) Notwithstanding anything to the contrary in this Agreement or the Development Agreement, or any of the other Definitive Documents, the Program Manager has no authority on behalf of StadiumCo to grant written approval to the Authority to waive, forego, settle, or otherwise resolve any Project Claim as contemplated by Section 3.4(a). The only person with such authority on behalf of the StadiumCo shall be such individual as may be designated in writing by StadiumCo.
Third Party Disputes. Should any third party (including a CJ Advertiser) dispute a party's right to use any Link, domain name, trademark, service xxxx, trade dress, or right to offer any service or good offered on a party's Web site or through its subscription e-mail, a party may, without prior notice, terminate this Agreement, or, in CJ's case, deactivate Your Account. A party's representations regarding the preceding may or may not be relied upon in the other party's decision whether to terminate this Agreement, or, in CJ's case, deactivate Your Account.
Third Party Disputes. Except as otherwise provided in this Agreement, the Bank is not responsible for any dispute the Customer may have with any other Person, including its clients, payees, or creditors or any Beneficiary, as a result of this Agreement or any Service. The Customer assumes full responsibility for resolving any such dispute directly with the Person in a manner that does not adversely affect the Bank. Bank is not responsible if the Person:
(i) does not credit the Customer for an Instrument for whatever reason; (ii) charges the Customer fees or penalties related to an Instrument; or (iii) does not supply the goods or services purchased or if the goods or services supplied are not suitable.
