Examples of Xxxxxxxxxx Litigation in a sentence
This Agreement is entered into for the sole purpose of resolving certain contested claims and disputes concerning the Coverage Litigation and coverage for the Xxxxxxxxxx Litigation, and avoiding the substantial costs, expenses and uncertainties associated with such claims and disputes, the trial of the Coverage Litigation and other potential litigation.
For the purposes of clarity under this Agreement and the Defense and Escrow Agreement, the Xxxxxxxxxx Litigation Interest shall not form part of the Litigation Interest.
Neither the execution or performance of any of the terms of this Agreement, nor the settlement of the Coverage Litigation and/or the Xxxxxxxxxx Litigation, shall be deemed by any Party to this Agreement to constitute an admission or indication that any of the claims asserted against any other Party to this Agreement in the Coverage Litigation, or otherwise, have any merit.
Notwithstanding any of the foregoing to the contrary, Mortgage Defendant shall have the right at all times to retain counsel of its own choosing and to join in the defense of the Xxxxxxxxxx Litigation, in addition to or in place of counsel selected by Guarantors, and/or to control the defense of the Xxxxxxxxxx Litigation with respect to Mortgage Defendant, and the prosecution of any related counterclaims on behalf of Mortgage Defendant, at the sole cost and expense of Mortgage Defendant.
Xxxxxxx et al., Case No. 18-cv-01595-UNA (the “Xxxxxxxxxx Litigation”) and any future cases that are consolidated with the Xxxxxxxxxx Litigation prior to Closing (“Deal Litigation Costs”).
Guarantors shall keep Mortgage Lender informed of the status of the Xxxxxxxxxx Litigation and shall provide copies to Mortgage Lender of all significant court papers related thereto.
Guarantors agree that they shall not seek any contribution or payment from Mortgage Defendant or any of its Affiliates in connection with any settlement of the Xxxxxxxxxx Litigation.
In the event that the proposed settlement of the Xxxxxxxxxx Litigation does not receive final court approval and final judgment dismissing the Xxxxxxxxxx Litigation by reason of settlement which is no longer subject to appeal or other reviews is not entered, this Agreement shall be null and void, and the foregoing $2,670,000.00 paid by Federal pursuant to this Agreement, including any prorated and remaining interest accumulated thereon, shall be returned to Federal within ten (10) days.
Federal shall pay Defense Costs under the Defense Cost Agreement that are reasonably and necessarily incurred by the Individual Insureds in the Xxxxxxxxxx Litigation after December 31, 2004, up to the limits remaining under the Primary Policy and/or the Second Level Excess Policy.
Actual knowledge of termination by the president, vice-president, secretary, or general manager, if the Contractor be a corporation, or, in any instance, by the managing agent regularly in charge of the work on behalf of said Contractor, shall in any case be sufficient notice.