Common use of Action Clause in Contracts

Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.

Appears in 27 contracts

Sources: Assignment and Assumption Agreement, General Assignment and Assumption Agreement (Palm Inc), Indemnification and Insurance Matters Agreement (Optical Access Inc)

Action. ActionACTION" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.

Appears in 20 contracts

Sources: General Assignment and Assumption Agreement (Harmonic Inc), General Assignment and Assumption Agreement (Roxio Inc), General Assignment and Assumption Agreement (Snap Appliances Inc)

Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority Governmental Authority or any arbitration or mediation tribunal.

Appears in 12 contracts

Sources: Master Separation Agreement (Reliant Resources Inc), Separation Agreement (Texas Genco Holdings Inc), Employee Matters Agreement (Reliant Resources Inc)

Action. Action" means any demand, claim, action, suit, countersuit, arbitration, litigation, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority Governmental Authority or any arbitration or mediation tribunaltribunal or authority.

Appears in 7 contracts

Sources: Separation and Distribution Agreement, Separation and Distribution Agreement (Carrols Restaurant Group, Inc.), Separation and Distribution Agreement (Fiesta Restaurant Group, Inc.)

Action. Action" means any claim, demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.

Appears in 4 contracts

Sources: Indemnification & Liability, Indemnification & Liability (Omega Flex, Inc.), Indemnification & Liability (InB:Biotechnologies, Inc.)

Action. The term "Action" means shall mean any demandclaim, action, suit, countersuitcause of action or suit (in contract or tort or otherwise), arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalGovernmental Authority.

Appears in 4 contracts

Sources: Securities Purchase Agreement (E Z Serve Corporation), Securities Purchase Agreement (Iae Inc), Merger Agreement (Picturetel Corp)

Action. Action" means shall mean any demandaction, actionclaim, suit, countersuitlitigation, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalinvestigation.

Appears in 4 contracts

Sources: Purchase Agreement (Keyspan Corp), Stock Purchase Agreement (Progress Energy Inc), Stock Purchase Agreement (Piedmont Natural Gas Co Inc)

Action. The term “Action" means ” shall mean any demandlawsuit, claim, proceeding, litigation, arbitration, action, suit, countersuit, arbitrationinvestigation, inquiry, proceeding cause of action, right of recovery or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalchose in action.

Appears in 4 contracts

Sources: Asset Purchase Agreement (Naturade Inc), Asset Purchase Agreement (Diodes Inc /Del/), Asset Purchase Agreement (Naturade Inc)

Action. Action" means any claim, demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.

Appears in 3 contracts

Sources: Indemnification & Liability (Medco Health Solutions Inc), Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc), Indemnification & Liability (Medco Health Solutions Inc)

Action. The term “Action" means ” shall mean any demand, action, suit, countersuit, arbitration, audit, claim, demand, hearing, investigation, inquiry, litigation, proceeding or investigation by suit (whether civil, criminal, administrative or before investigative), including any federalinterference, statereissue, localre-examination, foreign invalidity, revocation or international governmental authority opposition proceeding, and any solicited or unsolicited offer, demand or request to license any arbitration or mediation tribunalIntellectual Property.

Appears in 3 contracts

Sources: Technology License and Services Agreement (Synaptogenix, Inc.), Technology License and Services Agreement (Neurotrope, Inc.), Technology License and Services Agreement (Neurotrope, Inc.)

Action. Action" means any action, claim, demand, action, suit, countersuit, arbitration, inquiry, subpoena, discovery request, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority Governmental Entity or any arbitration tribunal, domestic or mediation tribunalforeign.

Appears in 3 contracts

Sources: Employee Matters Agreement (Potlatch Forest Products CORP), Employee Matters Agreement (Potlatch Corp), Employee Matters Agreement (Clearwater Paper Corp)

Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalGovernmental Authority.

Appears in 3 contracts

Sources: Indemnification and Insurance Matters Agreement (Sunpower Corp), Indemnification and Insurance Matters Agreement (Lsi Logic Corp), Indemnification and Insurance Matters Agreement (Palmsource Inc)

Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority Governmental Authority or any arbitration or mediation tribunal.

Appears in 3 contracts

Sources: Distribution Agreement (Solutia Inc), Distribution Agreement (Queeny Chemical Co), Distribution Agreement (Monsanto Co)

Action. Action" means any demandaction, actionclaim, suit, countersuitlitigation, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalgovernmental investigation, judicial, administrative or otherwise.

Appears in 3 contracts

Sources: Purchase and Sale Agreement (Us Energy Corp), Purchase Agreement, Purchase Agreement (Goodrich Petroleum Corp)

Action. Action" means any demand, action, suit, litigation, claim, countersuit, arbitration, inquiry, proceeding or investigation by any third Person or Governmental Authority or before any federal, state, local, foreign or international court or other governmental authority or any arbitration or mediation tribunal.

Appears in 2 contracts

Sources: General Assignment and Assumption Agreement (Axcelis Technologies Inc), Indemnification and Insurance Matters Agreement (Axcelis Technologies Inc)

Action. Action" means any demand, action, suitcomplaint, countersuitpetition, arbitrationinvestigation, inquirysuit or other proceeding, proceeding whether civil or investigation by criminal, in law or in equity, or before any federal, state, local, foreign arbitrator or international governmental authority or any arbitration or mediation tribunalGovernmental Entity.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Black & Decker Corp), Stock Purchase Agreement (Litton Industries Inc)

Action. Action" means shall mean any demandaction, actionclaim, suit, countersuitlitigation, arbitration, inquiry, proceeding or governmental investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalproceeding.

Appears in 2 contracts

Sources: Stock Purchase Agreement (KMG America CORP), Stock Purchase Agreement (KMG America CORP)

Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.

Appears in 2 contracts

Sources: Indemnification & Liability (Loyalty Alliance Enterprise Corp), General Assignment and Assumption Agreement (Palm Inc)

Action. The term "Action" means shall mean any demandlawsuit, claim, proceeding, litigation, arbitration, action, suit, countersuit, arbitrationinvestigation, inquiry, proceeding cause of action, right of recovery or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalchose in action.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Naturade Inc), Asset Purchase Agreement (Naturade Inc)

Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal, other than any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation relating to Taxes.

Appears in 2 contracts

Sources: General Assignment and Assumption Agreement (Coach Inc), Indemnification and Insurance Matters Agreement (Coach Inc)

Action. Action" means any demand, action, suit, ------ countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.

Appears in 1 contract

Sources: Master Separation and Distribution Agreement (Seracare Life Sciences Inc)

Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalGovernmental Authority.

Appears in 1 contract

Sources: Indemnification and Insurance Matters Agreement (Lsi Logic Storage Systems Inc)

Action. Action" means ” shall mean any demandaction, actionclaim, suit, countersuitlitigation, arbitrationproceeding, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalgovernmental investigation or audit.

Appears in 1 contract

Sources: Merger Agreement (Progress Rail Services, Inc.)

Action. Action" Action means any demandclaim, litigation, action, suit, countersuitarbitration, arbitrationhearing, inquiry, proceeding proceeding, complaint, charge or investigation by or before any federal, state, local, foreign Governmental Authority or international governmental authority or arbitrator and any arbitration or mediation tribunalappeal from any of the foregoing.

Appears in 1 contract

Sources: Asset Purchase Agreement

Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding proceeding, mediation or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.

Appears in 1 contract

Sources: General Assignment and Assumption Agreement (Lsi Logic Storage Systems Inc)

Action. Action" means any demand, action, case, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.

Appears in 1 contract

Sources: Lease Indemnification and Reimbursement Agreement (Coach Inc)

Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding proceeding, mediation or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.

Appears in 1 contract

Sources: General Assignment and Assumption Agreement (Lsi Logic Corp)

Action. The term “Action" means any demandand all civil, criminal or administrative actions, causes of action, suitlitigation, countersuitsuits, arbitrationarbitrations or other alternate dispute resolution proceedings, inquiryinvestigations, inquiries, proceedings, hearings, charges, complaints, citations, demands, assessments, audits, judgments and claims (including employment-related claims or audits by any taxing authority), regardless of whether a proceeding or investigation lawsuit has been initiated, relating to or asserted by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunala Person.

Appears in 1 contract

Sources: Stock Purchase Agreement (Johnson Outdoors Inc)

Action. Action" means any demandclaim, action, law, litigation, suit, countersuitarbitration, arbitrationcharge, grievance, labor dispute, audit, inquiry, proceeding or investigation by or before any federal, state, local, foreign Governmental Authority or international governmental authority arbitral board or any arbitration or mediation tribunalbody.

Appears in 1 contract

Sources: Sale and Purchase Agreement (W R Grace & Co)

Action. Action" means any demandaction, actionclaim, suit, countersuit, ------ arbitration, inquiry, proceeding or investigation by or before any federalcourt, stateany governmental, local, foreign regulatory or international governmental authority other administrative agency or commission or any arbitration or mediation tribunal.

Appears in 1 contract

Sources: Tax Sharing Agreement (Seracare Life Sciences Inc)

Action. Action" means any claim, demand, action, suit, ------- countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.

Appears in 1 contract

Sources: Indemnification & Liability (Merck Medco Managed Care LLC)

Action. Action" means any demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation including by or before any federal, state, local, foreign or international court, governmental authority or any arbitration or mediation tribunal.

Appears in 1 contract

Sources: Indemnification Agreement (Catalytica Energy Systems Inc)

Action. The term “Action" means any demandand all civil, criminal or administrative actions, causes of action, suitlitigation, countersuitsuits, arbitrationarbitrations, inquiryinvestigations, proceeding or investigation by or before any federalproceedings, statehearings, localcharges, foreign or international governmental authority or any arbitration or mediation tribunalcomplaints, citations, demands, assessments, audits, judgments and claims (including employment-related claims) relating to a Person.

Appears in 1 contract

Sources: Asset Purchase Agreement (Lone Star Technologies Inc)

Action. Action" means shall mean any demandaction, actionclaim, suit, countersuitlitigation, arbitrationproceeding, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalgovernmental investigation or audit.

Appears in 1 contract

Sources: Merger Agreement (Progress Energy Inc)

Action. Action" means shall mean any demandclaim, action, suit, countersuit, arbitration, inquiry, proceeding preceding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalGovernmental Authority.

Appears in 1 contract

Sources: Credit, Capitalization and Financing Agreement (Compost America Holding Co Inc)

Action. Action" means any demandaction, actionclaim, suit, countersuitlitigation, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunalgovernmental investigation.

Appears in 1 contract

Sources: Purchase Agreement (Carolina Power & Light Co)

Action. Action" means ” shall mean any demand, action, suit, countersuitproceeding, arbitrationclaim, inquirydemand, proceeding audit or investigation by or before any federalGovernmental Entity, stateand any other arbitration, local, foreign mediation or international governmental authority or any arbitration or mediation tribunalsimilar proceeding.

Appears in 1 contract

Sources: Intellectual Property License Agreement (Hepion Pharmaceuticals, Inc.)

Action. Action" means any claim, litigation, demand, action, suit, countersuit, arbitration, inquiry, proceeding or investigation by or before any federal, state, local, foreign or international governmental authority or any arbitration or mediation tribunal.tribunal in which the Ingenico Claims ( or a portion thereof) are at issue and involve a claim for relief based thereon

Appears in 1 contract

Sources: Indemnification Agreement (Hypercom Corp)