4Litigation Clause Samples
The 'Litigation' clause defines the procedures and requirements for resolving disputes through the court system. Typically, it specifies which courts have jurisdiction, the applicable law, and may outline steps parties must take before initiating a lawsuit, such as attempting negotiation or mediation. This clause ensures that both parties understand how legal disputes will be handled, providing predictability and reducing uncertainty in the event of a conflict.
4Litigation. Save where any dispute has been expressly referred for determination in terms of this clause, if informal resolution of any dispute has failed, then the dispute may be referred to litigation in the courts by any Party. No Party is limited in any proceedings before the court to the information, evidence or arguments used in the informal attempts to resolve the dispute.
18. Amendments, variations and additions to the IC Agreement
4Litigation. There is no Proceeding pending before any Governmental Authority or, to the knowledge of Purchaser, threatened in writing, against Purchaser which questions the validity of this Agreement or any of the other Transaction Agreements to which it is a party, and Purchaser is not subject to any Orders of any Governmental Authority, in each case, that would reasonably be expected to have, individually or in the aggregate, a Purchaser Material Adverse Effect.
4Litigation. If, after mediation pursuant to Section 22.3, the Parties have not resolved the dispute, the receiving Party’s decision made pursuant to Section 22.1 will be conclusive and binding regarding the dispute unless the submitting Party commences an action in a court of competent jurisdiction to contest such decision within ninety (90) days following the conclusion of such mediation or one (1) year following the accrual of the cause of action, whichever is later. In the event of litigation of a dispute arising from or related to this Agreement, the prevailing Party shall be entitled to recover reasonable attorney fees and costs.
4Litigation. Except as may be described on Schedule 5.4 (the matters set forth therein being collectively referred to as the “Disclosed Matters”), there are no actions, suits, proceedings or counterclaims (including, without limitation, derivative or injunctive actions) pending or, to the knowledge of the Borrower or Holdings, threatened against the Borrower, Holdings, or any other Member of the Consolidated Group that are reasonably likely to have a Material Adverse Effect.
4Litigation. Except as set forth on Disclosure Schedule 3.4, there is no litigation or governmental proceeding currently pending against one or more Borrowers nor shall any such litigation or governmental proceeding have been instituted against one or more Borrowers, which in the sole and complete discretion of the Lender materially adversely affects the financial condition or continued operation of one or more Borrowers.
4Litigation. (a) If a dispute arises between the Council and DEVELOPER in relation to this deed then the disputing Parties must not commence any court proceedings relating to the dispute unless the disputing Parties have first complied with the processes in clauses 10.1-10.3.
(b) If the dispute is not finally resolved in accordance with the process in clauses 10.1-10.3 then any disputing Party is at liberty to litigate the dispute.
(c) Nothing in this clause 10 prevents:
(1) either party from seeking urgent interlocutory relief;
(2) the Council from bringing proceedings in a Court of competent jurisdiction to enforce any aspect of this deed or any matter to which this deed relates; or
(3) the Council from exercising any function under any Legislation, including the Act, or any other Law relating to the enforcement of any aspect of this deed or any matter to which this deed relates.
4Litigation. There are no actions or proceedings pending or, to the knowledge of any Responsible Officer, threatened in writing by or against Borrower or any of its Subsidiaries that would reasonably be expected to result in damages or costs to Borrower or any of its Subsidiaries in an amount more than, individually or in the aggregate, Two Hundred Fifty Thousand Dollars ($250,000).
4Litigation. There are no actions, suits or other proceedings at law or in equity by or before any Governmental Authority now pending (or threatened in writing or otherwise known to Borrower) against or affecting Borrower, Borrower Representative or the Property, which, if adversely determined, might materially adversely affect the condition (financial or otherwise) or business of Borrower, Borrower Representative or the condition or ownership of the Property.
4Litigation. There is no Proceeding pending or, to the Seller Shareholder’s Knowledge, threatened or anticipated against Seller relating to or affecting the Transactions.
4Litigation. There are no actions, suits or proceedings at law or in equity by or before any Governmental Authority or other agency now pending or threatened in writing against or affecting Borrower, Guarantor, Principal, Pledgor or the Property or any portion thereof, which actions, suits or proceedings (a “Litigation Matter”), if determined against Borrower, Guarantor, Principal, Pledgor, Developer or the Property or such portion thereof, would reasonably be expected to materially adversely affect the condition (financial or otherwise) or business of Borrower, Guarantor, Principal, Pledgor, Developer or the condition or ownership of the Property or any portion thereof; provided, however, for purposes of Sections 2.8.2(b), 2.8.3(c), 2.9 or 8.1(a)(v), the existence or occurrence of a Litigation Matter shall be disclosed to Lender but shall not cause the representation in this Section 4.1.4 to fail to be true and correct in all material respects so long as such new Litigation Matter would not reasonably be expected to materially adversely affect the condition (financial or otherwise) or business of Borrower, Guarantor, Principal, Pledgor, Developer or the condition or ownership of the Property or any portion thereof.