Enforcement of Settlement Agreement. 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and
11.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement. The prevailing party shall be entitled to its reasonable attorneys' fees and costs associated with such enforcement.
Enforcement of Settlement Agreement. If one Party alleges the other Party is in breach of this Settlement Agreement, that Party shall notify the other party. The Parties agree to meet and confer in good faith for a period of up to thirty days from the initial notice to attempt to resolve the allegation. If informal efforts fail, any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement. The prevailing party shall be entitled to its reasonable attorneys’ fees and costs associated with such proceeding. This Settlement Agreement may be enforced exclusively by the Parties hereto.
Enforcement of Settlement Agreement. 11.1 Notwithstanding the above, should CAG bring an action to enforce any breach of the monetary settlement terms in Section 4.0, above, upon five (5) days written notice by CAG to Xxxxx Fountain of the alleged breach in accordance with the notification requirements set forth in Section 12.0, below, in such case, the prevailing party shall be entitled to its reasonable attorneys’ fees and costs associated with such enforcement.
Enforcement of Settlement Agreement. 6.1. The Parties agree that any action based on a violation of this Agreement shall be brought in the Superior Court of California in Alameda County. For purposes of this Agreement, notwithstanding Section 1.2 above, the Parties agree that the Superior Court of California in Alameda County has subject matter jurisdiction over any disputes arising from this Agreement and personal jurisdiction over each of the Parties, and that venue is proper in the County of Alameda. Should a party to this Agreement prevail on any action to enforce the terms of this Agreement, it shall be entitled to reasonable attorneys’ fees and costs associated with such enforcement.
Enforcement of Settlement Agreement. Either Party may bring an action to enforce the terms of this Settlement Agreement. A Party who unsuccessfully brings or contests an action arising out of this Settlement Agreement may be ordered by the court to pay the prevailing Party’s reasonable attorney’s fees and costs.
Enforcement of Settlement Agreement. 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and 11.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement.
11.2 The prevailing party shall be entitled to its reasonable attorneys' fees and costs associated with such enforcement.
11.3 No action to enforce this Settlement Agreement may be commenced or maintained, and no notice of violation related to the Covered Products may be served or filed against B&S by SHEFA, unless the party seeking enforcement or alleging violation notifies the other party of the specific acts alleged to breach this Settlement Agreement at least 90 days before serving or filing any action or Notice of Violation and the entity receiving the notice fails to comply with the requirements set forth in Section 11.3 below.
11.4 Any notice to B&S must contain (a) the name of the product, (b) specific dates when the product was sold after the Effective Date in California without reformulation, (c) the store or other place at which the product was available for sale to consumers, and (d) any other evidence or other support for the allegations in the notice.
11.5 Within thirty (30) days of receiving the notice described in Section 11.2, B&S shall either (1) send the store or other place at which the product was available for sale to the public a letter directing that the offending product be immediately removed from inventory and returned to B&S, or (2) refute the information provided under Section 11.2.
11.6 Should the parties be unable to resolve the dispute, any party may seek relief under Section 11.1.
Enforcement of Settlement Agreement. 11.1 Any Party will be at liberty to enforce the terms of the Settlement Agreement by judicial proceedings.
11.2 Any Party will be at liberty in such enforcement proceedings to adduce evidence of and incidental to the Settlement Agreement including evidence from the Mediator and any other person involved in the Mediation.
11.3 The Mediator will not accept appointment as an adviser to or advocate on behalf of any of the Parties in any proceedings in relation to the enforcement of a Settlement Agreement or in relation to the Dispute.
11.4 The Parties will not do anything that may cause the Mediator to breach the Mediator’s obligations under clause 11.3.
Enforcement of Settlement Agreement. 11.1 Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and 11.3 of this Settlement Agreement, to enforce the terms and conditions contained in this Settlement Agreement.
11.2 No action to enforce this Settlement Agreement may be commenced or maintained, and no notice of violation related to the Covered Products may be served or filed against Everstar by CAG, unless the party seeking enforcement or alleging violation notifies the other party of the specific acts alleged to breach this Settlement Agreement at least 60 days before serving or filing any action or Notice of Violation and the entity receiving the notice fails to comply with the requirements set forth in Section 11.3 below. Any notice to Everstar must contain (a) the name of the product, (b) specific dates when the product was sold after the Effective Date in California without reformulation, (c) the store or other place at which the product was available for sale to consumers, and (d) any other evidence, including complete test data, or other support for the allegations in the notice.
11.2.1. Notwithstanding the above, CAG may bring an action to enforce any breach of the monetary settlement terms in Section 4.0, above, upon five (5) days written notice by CAG to Everstar of the alleged breach in accordance with the notification requirements set forth in Section 12.0, below.
11.3 Within 30 days of receiving the notice described in Section 11.2, Everstar shall either (1) send the store or other place at which the product was available for sale to the public a letter directing that the offending product be immediately removed from inventory and returned to Everstar for full credit, including shipping costs, or (2) refute the information provided under Section 11.2. Should the parties be unable to resolve the dispute, any party may seek relief under Section 11.1.
Enforcement of Settlement Agreement. Any party may file suit before the Superior Court of the County of Los Angeles, consistent with the terms and conditions set forth in paragraphs 11.2 and
Enforcement of Settlement Agreement. The Court shall have and retain exclusive jurisdiction at all times to enforce, interpret, and implement this Settlement Agreement and all aspects of the Settlement, and the terms of any orders and judgments entered pursuant to this Settlement Agreement.
