Continuing Litigation Clause Samples
The Continuing Litigation clause outlines the rights and responsibilities of parties regarding ongoing legal proceedings that exist at the time an agreement is executed. Typically, this clause specifies whether one party will assume control of the litigation, how costs and potential recoveries are handled, and what cooperation is required from the other party. Its core function is to clarify how existing lawsuits or claims are managed post-transaction, thereby preventing disputes and ensuring both parties understand their obligations and entitlements related to ongoing legal matters.
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Continuing Litigation. Following Closing, the Company will continue prosecution in the name of the Company the complaint against Stonefield ▇▇▇▇▇▇▇▇▇ entitled The Children’s Internet, Inc. ▇. ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, et. al., Superior Court of Alameda, Case No. VG06206054 and the cross-complaint against ▇▇▇▇▇▇ & Yap entitled The Children’s Internet, Inc. ▇. ▇▇▇▇▇▇ & ▇▇▇ et. al., Superior Court, County of Orange, Case No. 04CC11623, under the terms and conditions as set forth in Exhibit F.
Continuing Litigation. For the […***…] Litigation, the […***…] for […***…] (from the law firm of […***…]) shall be retained unless dismissed by […***…], at […***…]. […***…] shall […***…] the […***…] of such continuing litigation. […***…] agrees that the […***…] from the law firm of […***…] shall, and have agreed to, […***…] for all existing litigation with respect to the […***…], subject to […***…] by […***…] of […***…]. Subject to the terms and conditions of Section 8.4, beginning as of […***…], and for only the claims pending before the court in the […***…] Litigation on […***…], excluding the […***…] shall […***…] in all […***…], including all […***…]. If […***…] or […***…] are […***…], in […***…] or in […***…], any […***…] or other […***…] as a result of the lawsuit, […***…].
Continuing Litigation. If within thirty (30) days prior to the termination of the Initial Term or Renewal Term, as the case may be, the Litigation has not been resolved in accordance with Section 1(b), Licensee shall have the sole option to renew this Agreement upon the terms and conditions as set forth herein; provided, however, with respect to Licensee's obligations pursuant to Section 5 of this Agreement, Licensee shall be obligated to pay to Licensors only the payments described in Section 5(a)(v) and Section 5(e), and the amount of such payments may be adjusted as mutually agreed by the parties.