Common use of Additional Responsibility Clause in Contracts

Additional Responsibility. The PARTIES agree and accept from this moment, that the PARTY initiating any action of any kind (whether demanding or requiring judicially or extra-judicially or through any other way) with the purpose of requesting the refund, payment or delivery of any transfer or amount regarding the reciprocal transfers and concessions that are referred in clause Second of this AGREEMENT, will incur in a responsibility, since it is equivalent to a final judgment ("EXCEPTIO LITIS PER TRANSACIONEM FINITAE"), pursuant to the provisions of article 2953 of the Federal Civil Code, and therefore the waivers, acceptances and settlements set forth in clause Second of this instrument have full force, scope and validity, and therefore the defendant or affected party shall enforce the exception of settlement before the jurisdictional authority that is resolving the matter through the presentation of this AGREEMENT.

Additional Responsibility. The PARTIES agree and accept from this moment, that the PARTY initiating any action of any kind (whether demanding or requiring judicially or extra-judicially or through any other way) with the purpose of requesting the refund, payment or delivery of any transfer or amount regarding the reciprocal transfers and concessions that are referred in clause Second of this AGREEMENT, will incur in a responsibility, since it is equivalent to a final judgment ("EXCEPTIO LITIS PER TRANSACIONEM FINITAE"“exceptio litis per transacionem finitae”), pursuant to the provisions of article 2953 of the Federal Civil Code, and therefore the waivers, acceptances and settlements set forth in clause Second of this instrument have full force, scope and validity, and therefore the defendant or affected party shall enforce the exception of settlement before the jurisdictional authority that is resolving the matter through the presentation of this AGREEMENT.