Litigating Party definition

Litigating Party shall have the meaning set forth in Section 9.2.5.
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Litigating Party has the meaning set forth in Section 5.2.
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Litigating Party shall have the meaning provided in Section 6.4(d).
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Examples of Litigating Party in a sentence

  • If required under applicable law in order for the Litigating Party to initiate and/or maintain such suit, or if the Litigating Party is unable to initiate or prosecute such suit solely in its own name or it is otherwise advisable to obtain an effective legal remedy, in each case, the Non-Litigating Party shall join as a party to the suit and will execute and cause its Affiliates to execute all document necessary for the Litigating Party to initiate litigation to prosecute and maintain such action.

  • AgeX and BioTime shall reasonably cooperate with each other in litigation proceedings instituted hereunder, provided that such cooperation shall be at the expense of the Litigating Party, and such litigation shall be controlled by the Litigating Party.

  • Licensee and Licensor shall cooperate with each other in litigation proceedings instituted hereunder, provided that such cooperation shall be at the expense of the Litigating Party, and such litigation shall be controlled by the Litigating Party.

  • By way of example and not by way of limitation, there shall be no right of the Litigating Party to stipulate or admit to the invalidity or unenforceability of any Patents.

  • Any damages or costs recovered by the Litigating Party in connection with any such legal action filed by it hereunder, and remaining under the Litigating Party is reimbursed for its costs and expenses reasonably incurred in the lawsuit, and after any royalties or other payments due to BioTime under ARTICLE 4 are paid, shall be divided as follows: [***] of such damages or recoveries concerning the infringement of rights granted to AgeX hereunder to AgeX, with BioTime retaining the remainder.

  • In such event Micrologix shall promptly notify Strata of any such Article 7 Proceeding and shall become the Litigating Party.

  • In such event Strata shall promptly notify Micrologix of any such Article 7 Proceeding and shall become the Litigating Party.

  • Any damages or costs recovered by the Litigating Party in connection with a legal action filed by it hereunder, and remaining after the Litigating Party is reimbursed for its costs and expenses reasonably incurred in the lawsuit, shall be equally divided between Licensee and Licensor.

  • Any excess amount recovered shall be allocated as follows: if the suit is joined by both Parties, the excess amount recovered is divided equally, and if only one Party brings the suit (the “Litigating Party”) and is not joined by the other Party, then only the Litigating Party shall receive the excess amount recovered.

  • Solely in the case in which Ultragenyx is the Litigating Party, any such recoveries in excess of such costs and expenses of the Parties shall be retained by Ultragenyx and shall be deemed Net Sales subject to Ultragenyx’s royalty payment obligation to BRI under Section 4.4. In the event BRI is the Litigating Party, all recoveries in excess of such costs and expenses of the Parties shall be retained by BRI.


More Definitions of Litigating Party

Litigating Party shall have the meaning given to that term in Paragraph (f) of Section 23 hereof.
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Litigating Party means that party to this Agreement who resorts to litigation to enforce any Manufacturer's warranty; and the "Nonlitigating Party" means the other party to this Agreement.
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Related to Litigating Party

  • Defending Party has the meaning set forth in Section 14.2.3.

  • Third Party Claim has the meaning set forth in Section 8.3.

  • Settling Party means any one of, and “Settling Parties” means all of, the parties to the Stipulation, namely Defendants and Plaintiffs (on behalf of themselves and the Settlement Class).

  • Prosecuting Party has the meaning set forth in Section 6.2(c).

  • Litigation means any lawsuit, action, arbitration, administrative or other proceeding, criminal prosecution or governmental investigation or inquiry.

  • Third party claimant means any individual, corporation, association, partnership, or other legal entity asserting a claim against any individual, corporation, association, partnership, or other legal entity insured under an insurance policy or insurance contract.

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).

  • Initiating Party means a party who gives notice under section 2 of this Schedule;

  • Opposing Party means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Xxxxxxxx has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Xxxxxx’s judgment, could result in forfeiture of the Property or other material impairment of Xxxxxx’s interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Xxxxxx’s judgment, precludes forfeiture of the Property or other material impairment of Xxxxxx’s interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Xxxxxx’s interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2.

  • third party proceeding means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the corporation.

  • Infringement Claim has the meaning set forth in Section 8.2(a).

  • Tax Contest means an audit, review, examination, or any other administrative or judicial proceeding with the purpose or effect of redetermining Taxes (including any administrative or judicial review of any claim for refund).

  • Enforcing Party In connection with any Repurchase Request, (i) in the event one or more Requesting Certificateholders or Consultation Requesting Certificateholders has delivered a Final Dispute Resolution Election Notice with respect thereto pursuant to Section 2.03(g) of this Agreement, with respect to the mediation or arbitration that arises out of such Final Dispute Resolution Election Notice, such Requesting Certificateholder(s) and/or Consultation Requesting Certificateholder(s), or (ii) in all other cases, the Enforcing Servicer.

  • Indemnified Party shall have the meaning set forth in Section 5(c).

  • Third Party Infringement Claim has the meaning set forth in Section 23.5.1.

  • Disputing Party has the meaning specified in Paragraph 5.

  • Tax Proceeding has the meaning set forth in Section 5.2(a).

  • Third Party Infringement has the meaning set forth in Section 5.1.

  • Filing Party has the meaning set forth in Section 6.12(b).

  • Patent Prosecution means the responsibility and authority for (a) preparing, filing and prosecuting applications (of all types) for any Patent, (b) paying, filing and maintenance fees relating to any Patent, (c) managing any interference, opposition, re-issue, reexamination, revocation, nullification, or cancellation proceeding relating to the foregoing, (d) deciding to abandon Patent(s) and (e) settling any interference, opposition, revocation, nullification or cancellation proceeding.

  • Tax Indemnified Party shall have the meaning set forth in Section 7.6(d).

  • Licensee Indemnitees has the meaning set forth in Section 11.2.

  • Purchaser Party shall have the meaning ascribed to such term in Section 4.8.

  • Tax Indemnifying Party shall have the meaning set forth in Section 7.6(d).

  • Infringement has the meaning set forth in Section 6.3(a).