Waiver of Litigation. The Holder agrees not to commence, join in, and agrees to take all actions necessary to opt out of any class in any class action with respect to, any claim, derivative or otherwise, against Parent, Merger Sub, or the Company or any of their respective affiliates and each of their successors or directors relating to the negotiation, execution or delivery of this Agreement or the Merger Agreement or the consummation of the transactions contemplated hereby or thereby, including any claim (a) challenging the validity of, or seeking to enjoin the operation of, any provision of this Agreement or the Merger Agreement (including any claim seeking to enjoin or delay the Closing) or (b) alleging a breach of any fiduciary duty of Parent Board in connection with the negotiation and entry into this Agreement, the Merger Agreement or the transactions contemplated hereby or thereby, and hereby irrevocably waives any claim or rights whatsoever with respect to any of the foregoing.
Waiver of Litigation. The parties irrevocably consent to comply with the provisions of this clause and neither party shall be entitled to withdraw from or claim at any such proceedings that it is not bound by these provisions or by any ruling or procedure laid down in terms of such provisions. The parties agree that they shall not commence any litigation procedures in respect of a dispute arising in terms of this contract.
Waiver of Litigation. Holder agrees not to commence, join in, and agrees to take all actions necessary to opt out of any class in any class action with respect to, any claim, derivative or otherwise, against any Raptor Party or the Company or any of their respective Affiliates and each of their successors or directors relating to the negotiation, execution or delivery of this Agreement or the Contribution Agreement or the consummation of the transactions contemplated hereby or thereby, including any claim (a) challenging the validity of, or seeking to enjoin the operation of, any provision of this Agreement or the Contribution Agreement (including any claim seeking to enjoin or delay the Closing) or (b) alleging a breach of any fiduciary duty of the Company Board in connection with the negotiation and entry into the Contribution Agreement or the transactions contemplated thereby, and hereby irrevocably waives any claim or rights whatsoever with respect to any of the foregoing.
Waiver of Litigation. The City agrees not to institute litigation against Employee for the recovery of any debt explicitly referenced in the form, provided that Employee complies with the terms of the Agreement and the chosen repayment option. Employee, for him/herself and his/her heirs, executors, administrators, assigns and successors, fully and forever releases, discharges, and covenants not to sue or otherwise institute or in any way actively participate in or voluntarily assist in the prosecution of any legal or administrative proceedings against the City with respect to any matter arising out of, connected with or related in any way to the overpayment set forth in the recitals.
Waiver of Litigation. The Parties acknowledge and agree that, except as specifically provided to the contrary in this Agreement, this Section B is and shall be the Parties exclusive remedy for any Grievance arising out of or relating to this Agreement, or the breach thereof. It is the intent of the Parties that, except as specifically provided to the contrary in this Agreement, to the fullest extent allowed by law all Grievances, including any claim or defense (whether created or governed by federal, provincial or local law, rule or regulation) shall be resolved in an arbitral rather than a judicial forum.
Waiver of Litigation. Holder agrees not to, directly or indirectly, commence, join in, and agrees to take all actions necessary to opt out of any class in any class action with respect to, any claim, derivative or otherwise, against Ferrari or Sierra or any of their respective Affiliates and each of their successors or directors relating to the negotiation, execution or delivery of this Agreement or the Merger Agreement or the consummation of the transactions contemplated hereby or thereby, including any claim (a) challenging the validity of, or seeking to enjoin the operation of, any provision of this Agreement or the Merger Agreement (including any claim seeking to enjoin or delay the Closing) or (b) alleging a breach of any fiduciary duty of the Ferrari Board of Directors in connection with the negotiation and entry into this Agreement (other than, notwithstanding anything to the contrary, any claims alleging a breach of fiduciary duty as a result of facts and events not known to Holder or its representatives as of the date hereof), the Merger Agreement or the transactions contemplated hereby or thereby, and hereby irrevocably waives any claim or rights whatsoever with respect to any of the foregoing.
Waiver of Litigation. The City agrees not to institute litigation against Employee for the recovery of any excess payment explicitly referenced in Attachment A, provided that Employee complies with the terms of the Agreement and the schedule of repayments set forth in Attachment A. Employee, for him/herself and his/her heirs, executors, administrators, assigns and successors, fully and forever releases, discharges, and covenants not to xxx or otherwise institute or in any way actively participate in or voluntarily assist in the prosecution of any legal or administrative proceedings against the City with respect to any matter arising out of, connected with or related in any way to the overpayment set forth in the recitals.
Waiver of Litigation. The Parties acknowledge and agree that, except as specifically provided to the contrary in this Agreement, this Section I is and shall be the Parties' exclusive remedy for any Grievance arising out of or relating to this Agreement, or the breach thereof. It is the intent of the Parties that, except as specifically provided to the contrary in this Agreement, to the fullest extent allowed by law all Grievances, including any claims or defense (whether created or governed by federal, state or local law, rule or regulation) shall be resolved in an arbitral rather than a judicial forum. It is understood by the Parties that it is to their mutual benefit to submit Grievances that they are unable to resolve themselves for resolution by a neutral referee in an arbitral rather than a judicial forum. Those Parties recognize that by choosing Good Faith Arbitration as the mechanism for resolving Grievances, each Party expects to ensure a more expeditious and economical resolution of their Grievances than is available in most cases in a judicial forum. Accordingly, except as specifically provided to the contrary in this Agreement, the Parties expressly waive the right to litigate in a judicial forum all Grievances and waive the right to trial by jury. The Parties further agree that the findings of fact issued by the arbitrator(s), as reviewed, if applicable, shall be binding on them in any subsequent arbitration, litigation or other proceeding.
Waiver of Litigation. The parties irrevocably consent to comply with the provisions of this clause and neither party shall be entitled to withdraw from or claim at any such proceedings that it is not bound by these provisions or by any ruling or procedure laid down in terms of such provi- sions. The parties agree that they shall not commence any litigation procedures in respect of a dispute arising in terms of this contract. Water Services Regulatory Board – Bulk Water Supply Agreement 25 16.4 Continuing of Obligations No dispute arising from this contract shall entitle the other party to discontinue or sus- pend the execution of any of its powers, rights, duties and/or obligations in terms of this contract, pending the settlement of the dispute.
Waiver of Litigation. The Village of Poplar Grove agrees not to institute litigation against Xxxxxxx or Xxxxxxxxx for the cost of any repairs of the damage caused by the loading and/or unloading of the heavy excavation equipment at 000 Xxxx Xxx on or about April 13, 2022, so long as the payment required in Paragraph 1 above is made. Should the payment of $1,275.00 not be made within fourteen (14) days of the date of this Agreement first set forth above, the parties to this Agreement agree that the Village of Poplar Grove may take legal action against one of both of the non-paying party(ies) to recover any amount owed under this Agreement including cost of suit or administrative action required for recovery and its reasonable attorney’s fees.
