Common use of Adjudication or Arbitration Clause in Contracts

Adjudication or Arbitration. (i) Regardless of any action by the Reviewing Party, if Xxxxxxxxxx has not received full indemnification within thirty days after making a demand or request in accordance with Section 4(a) (a “Nonpayment”), Indemnitee shall have the right to enforce its indemnification rights under this Agreement by commencing litigation in any court located in the country of Ireland (an “Irish Court”) having subject matter jurisdiction thereof seeking an initial determination by the court or by challenging any determination by the Reviewing Party or any aspect thereof. Any determination by the Reviewing Party not challenged by Indemnitee in any such litigation shall be binding on Xxxxxxx Controls, Tyco Management and Indemnitee. The remedy provided for in this Section 4 shall be in addition to any other remedies available to Indemnitee at law or in equity. Xxxxxxx Controls, Tyco Management and Indemnitee hereby irrevocably and unconditionally (A) consent to submit to the non-exclusive jurisdiction of the Irish Court for purposes of any action or proceeding arising out of or in connection with this Agreement, (B) waive any objection to the laying of venue of any such action or proceeding in the Irish Court, and (C) waive, and agree not to plead or to make, any claim that any such action or proceeding brought in the Irish Court has been brought in an improper or inconvenient forum. For the avoidance of doubt, nothing in this Agreement shall limit any right Indemnitee may have under applicable law to bring any action or proceeding in any other court.

Adjudication or Arbitration. (i) Regardless of any action by the Reviewing Party, if Xxxxxxxxxx Indemnitee has not received full indemnification within thirty days after making a demand or request in accordance with Section 4(a) (a “Nonpayment”), Indemnitee shall have the right to enforce its indemnification rights under this Agreement by commencing litigation in any court located in the country of Ireland (an “Irish Court”) having subject matter jurisdiction thereof seeking an initial determination by the court or by challenging any determination by the Reviewing Party or any aspect thereof. Any determination by the Reviewing Party not challenged by Indemnitee in any such litigation shall be binding on Xxxxxxx Controls, Tyco Management and Indemnitee. The remedy provided for in this Section 4 shall be in addition to any other remedies available to Indemnitee at law or in equity. Xxxxxxx Controls, Tyco Management and Indemnitee hereby irrevocably and unconditionally (A) consent to submit to the non-exclusive jurisdiction of the Irish Court for purposes of any action or proceeding arising out of or in connection with this Agreement, (B) waive any objection to the laying of venue of any such action or proceeding in the Irish Court, and (C) waive, and agree not to plead or to make, any claim that any such action or proceeding brought in the Irish Court has been brought in an improper or inconvenient forum. For the avoidance of doubt, nothing in this Agreement shall limit any right Indemnitee may have under applicable law to bring any action or proceeding in any other court.

Adjudication or Arbitration. (i) Regardless of any action by the Reviewing Party, if Xxxxxxxxxx If Covered Person has not received full indemnification within thirty days or an Expense Advance after making a demand or request in accordance with Section 4(a) the terms of this Deed (a “Nonpayment”), Indemnitee Covered Person shall have the right to enforce its indemnification rights under this Agreement Deed by commencing litigation in any a court located in the country of Ireland (an “Irish Court”) having subject matter jurisdiction thereof (each such court, as applicable, the “Applicable Court”) in each case seeking an initial determination by the court or by challenging any determination by the Reviewing Party or any aspect thereof. Any determination by the Reviewing Party not challenged by Indemnitee Covered Person in any such litigation shall be binding on Xxxxxxx Controlsthe Company, Tyco Pentair Management Company and IndemniteeCovered Person. The remedy provided for in this Section 4 4(b) shall be in addition to any other remedies available to Indemnitee Covered Person at law or in equity. Xxxxxxx ControlsThe Company, Tyco Pentair Management Company and Indemnitee Covered Person hereby irrevocably and unconditionally (A) agree that any action or proceeding arising out of or in connection with this Deed shall be brought only in the Applicable Court and not in any court in the United States or in any other country, (B) consent to submit to the non-exclusive jurisdiction of the Irish Applicable Court for purposes of any action or proceeding arising out of or in connection with this AgreementDeed, (BC) waive any objection to the laying of venue of or any such action or proceeding in the Irish Applicable Court, and (CD) waive, and agree not to plead or to make, any claim that any such action or proceeding brought in the Irish Applicable Court has been brought in an improper or inconvenient forum. For the avoidance of doubt, nothing in this Agreement shall limit any right Indemnitee may have under applicable law to bring any action or proceeding in any other court.

Adjudication or Arbitration. (ia) Regardless of any action by the Reviewing Party, if Xxxxxxxxxx the Indemnitee has not received full indemnification to which the Indemnitee is entitled hereunder within thirty days after making a demand or request in accordance with Section 4(a) 4.1 (a “Nonpayment”), the Indemnitee shall have the right to enforce its indemnification rights under this Agreement Deed by commencing litigation in any court located in the country of Ireland (an “Irish Court”) having subject matter jurisdiction thereof seeking an initial determination by the court or by challenging any determination by the Reviewing Party or any aspect thereof. Any determination by the Reviewing Party not challenged by Indemnitee in any such litigation shall be binding on Xxxxxxx Controls, Tyco Management Strongbridge Biopharma plc and the Indemnitee. The remedy provided for in this Section 4 shall be in addition to any other remedies available to Indemnitee at law or in equity. Xxxxxxx Controls, Tyco Management Strongbridge Biopharma plc and the Indemnitee hereby irrevocably and unconditionally (A) consent to submit to the non-exclusive nonexclusive jurisdiction of the Irish Court for purposes of any action or proceeding arising out of or in connection with this AgreementDeed, (B) waive any objection to the laying of venue of any such action or proceeding in the Irish Court, and (C) waive, and agree not to plead or to make, any claim that any such action or proceeding brought in the Irish Court has been brought in an improper or inconvenient forum. For the avoidance of doubt, nothing in this Agreement Deed shall limit any right the Indemnitee may have under applicable law to bring any action or proceeding in any other court.

Adjudication or Arbitration. (ia) Regardless of any action by the Reviewing Party, if Xxxxxxxxxx the Indemnitee has not received in full the requested indemnification within thirty days after making a demand or request in accordance with Section 4(a) ‎5.1 (a “NonpaymentNon-payment”), the Indemnitee shall have the right to enforce its his or her indemnification rights under this Agreement by commencing litigation in any court located in the country courts of Ireland (an the “Irish CourtCourts”) having subject matter jurisdiction thereof seeking an initial determination by the court or by challenging any determination by the Reviewing Party or any aspect thereof. Any determination by the Reviewing Party not challenged by Indemnitee in any such litigation shall be binding on Xxxxxxx Controls, Tyco Management Strongbridge and the Indemnitee. The remedy provided for in this Section 4 ‎5 shall be in addition to any other remedies available to Indemnitee at law or in equity. Xxxxxxx Controls, Tyco Management Strongbridge and the Indemnitee hereby irrevocably and unconditionally (Ai) consent to submit to the non-exclusive jurisdiction of the Irish Court Courts for purposes of any action action, suit, litigation or proceeding arising out of or in connection with this Agreement, (Bii) waive any objection to the laying of venue of any such action action, suit, litigation or proceeding in the Irish CourtCourts, and (Ciii) waive, and agree not to plead or to make, any claim that any such action action, suit, litigation or proceeding brought in the Irish Court Courts has been brought in an improper or inconvenient forum. For the avoidance of doubt, nothing in this Agreement shall limit any right the Indemnitee may have under applicable law to bring any action action, suit, litigation or proceeding in any other court.

Adjudication or Arbitration. (i) Regardless of any action by the Reviewing Party, if Xxxxxxxxxx Indemnitee has not received full indemnification within thirty days after making a demand or request in accordance with Section 4(a) (a “Nonpayment”), Indemnitee shall have the right to enforce its indemnification rights under this Agreement by commencing litigation in any court located in the country of Ireland (an “Irish Court”) having subject matter jurisdiction thereof seeking an initial determination by the court or by challenging any determination by the Reviewing Party or any aspect thereof. Any determination by the Reviewing Party not challenged by Indemnitee in any such litigation shall be binding on Xxxxxxx ControlsTyco International plc, Tyco Management and Indemnitee. The remedy provided for in this Section 4 shall be in addition to any other remedies available to Indemnitee at law or in equity. Xxxxxxx ControlsTyco International plc, Tyco Management and Indemnitee hereby irrevocably and unconditionally (A) consent to submit to the non-exclusive jurisdiction of the Irish Court for purposes of any action or proceeding arising out of or in connection with this Agreement, (B) waive any objection to the laying of venue of any such action or proceeding in the Irish Court, and (C) waive, and agree not to plead or to make, any claim that any such action or proceeding brought in the Irish Court has been brought in an improper or inconvenient forum. For the avoidance of doubt, nothing in this Agreement shall limit any right Indemnitee may have under applicable law to bring any action or proceeding in any other court.

Adjudication or Arbitration. (i) Regardless of any action by the Reviewing Party, if Xxxxxxxxxx Indemnitee has not received full indemnification to which Indemnitee is entitled hereunder within thirty days after making a demand or request in accordance with Section 4(a) (a “Nonpayment”), Indemnitee shall have the right to enforce its indemnification rights under this Agreement by commencing litigation in any court located in the country of Ireland (an “Irish Court”) having subject matter jurisdiction thereof seeking an initial determination by the court or by challenging any determination by the Reviewing Party or any aspect thereof. Any determination by the Reviewing Party not challenged by Indemnitee in any such litigation shall be binding on Xxxxxxx ControlsCovidien plc, Tyco Management Covidien Ltd. and Indemnitee. The remedy provided for in this Section 4 shall be in addition to any other remedies available to Indemnitee at law or in equity. Xxxxxxx ControlsCovidien plc, Tyco Management Covidien Ltd. and Indemnitee hereby irrevocably and unconditionally (A) consent to submit to the non-exclusive jurisdiction of the Irish Court for purposes of any action or proceeding arising out of or in connection with this Agreement, (B) waive any objection to the laying of venue of any such action or proceeding in the Irish Court, and (C) waive, and agree not to plead or to make, any claim that any such action or proceeding brought in the Irish Court has been brought in an improper or inconvenient forum. For the avoidance of doubt, nothing in this Agreement shall limit any right Indemnitee may have under applicable law to bring any action or proceeding in any other court.

Adjudication or Arbitration. (i) Regardless of any action by the Reviewing Party, if Xxxxxxxxxx If Covered Person has not received full indemnification within thirty days or an Expense Advance after making a demand or request in accordance with Section 4(a) the terms of this Deed (a “Nonpayment”), Indemnitee Covered Person shall have the right to enforce its indemnification rights under this Agreement Deed by commencing litigation in any a court located in the country of Ireland (an “Irish Court”) having subject matter jurisdiction thereof (each such court, as applicable, the “Applicable Court”) in each case seeking an initial determination by the court or by challenging any determination by the Reviewing Party or any aspect thereof. Any determination by the Reviewing Party not challenged by Indemnitee Covered Person in any such litigation shall be binding on Xxxxxxx Controlsthe Company, Tyco Management Company and IndemniteeCovered Person. The remedy provided for in this Section 4 4(b) shall be in addition to any other remedies available to Indemnitee Covered Person at law or in equity. Xxxxxxx ControlsThe Company, Tyco Management Company and Indemnitee Covered Person hereby irrevocably and unconditionally (A) agree that any action or proceeding arising out of or in connection with this Deed shall be brought only in the Applicable Court and not in any court in the United States or in any other country, (B) consent to submit to the non-exclusive jurisdiction of the Irish Applicable Court for purposes of any action or proceeding arising out of or in connection with this AgreementDeed, (BC) waive any objection to the laying of venue of or any such action or proceeding in the Irish Applicable Court, and (CD) waive, and agree not to plead or to make, any claim that any such action or proceeding brought in the Irish Applicable Court has been brought in an improper or inconvenient forum. For the avoidance of doubt, nothing in this Agreement shall limit any right Indemnitee may have under applicable law to bring any action or proceeding in any other court.