Declaratory Clause Samples

A declaratory clause serves to formally state or affirm certain facts, rights, or obligations within a contract or legal document. It typically clarifies the parties' understanding or agreement on specific points, such as ownership of intellectual property, the existence of a prior relationship, or the applicability of certain laws. By explicitly declaring these matters, the clause helps prevent future disputes by ensuring all parties have a shared understanding of key facts or legal positions.
Declaratory. Judgment Expenses shall be recoverable in accordance with the provisions set forth in Paragraph C. of this Article and shall be further limited to the lesser of one times the original policy limit or $1,000,000.
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Declaratory. Judgment Action”) to the Bankruptcy Court and (ii) seek a declaratory judgment that any “dedications” set forth in the Specified Caliber Contracts do not constitute real covenants that “run with the land,” under North Dakota law. Whether the Caliber Declaratory Judgment Action is successfully removed and transferred to the Bankruptcy Court or not, ▇▇▇▇ shall use its commercially reasonable efforts to defend such action and obtain a declaratory judgment from the presiding court that the “dedications” set forth in the Specified Caliber Contracts do not constitute real covenants and do not otherwise “run with the land” under North Dakota law The entry of a final, unstayed order or judgment granting the relief described in the foregoing sentence, or a consensual settlement acceptable to ▇▇▇▇ and the Required Participating Noteholders, shall be a condition precedent to confirmation of the Plan Caliber shall receive a general unsecured claim on account of the rejection of the Specified Caliber Contracts (the “Caliber Rejection Damages Claim”), or such other treatment as agreed to by the Company, the Required Participating Noteholders and approved by the Bankruptcy Court
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Declaratory. The category of Executive Managers, in compliance with the provisions of Law No. 190 of 13 May 1985, includes subordinate workers, excluding managers, who continuously carry out managerial functions attributed to them of significant importance for the development and implementation of the company's objectives within the scope of defined company strategies and programmes, in organisations of adequate size and structure, including decentralised ones, and therefore:
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Declaratory injunctive, or other non-monetary damages, relief, and costs Any suit, action, demand, request, prayer or claim, or any part thereof, seeking equitable, declaratory, injunctive or other non-monetary relief. This exclusion applies even if such relief involves costs, fees, expenses, penalties, fines or other amounts to comply with any order, verdict, award, agreement or settlement, including but not limited to: a. The cost of employment reinstatement or continued employment. b. The cost of unpaid compensation, other than front and back wages, earned by the injured person in the course of the person’s employment. c. The cost of physical alterations or other changes made to accommodate or afford accessibility to any disabled person. d. The cost of developing, implementing, or enforcing any company policy, procedure or program. e. The cost of implementing, enforcing, or complying with any form of injunctive or declaratory relief ordered, approved, or entered by any court, arbiter, or tribunal. f. Attorney’s fees and/or other litigation costs awarded to any prevailing party.
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Declaratory injunctive, or other non-monetary damages, relief, and costs a. The cost of employment reinstatement or continued employment. b. The cost of unpaid compensation, other than front and back wages, earned by the injured person in the course of the person’s employment. c. The cost of physical alterations or other changes made to accommodate or afford accessibility to any disabled person. d. The cost of developing, implementing, or enforcing any company policy, procedure or program. e. The cost of implementing, enforcing, or complying with any form of injunctive or declaratory relief ordered, approved, or entered by any court, arbiter, or tribunal. f. Attorney’s fees and/or other litigation costs awarded to any prevailing party.
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Declaratory. OrderThe compression facilities are located on an offshore production platform upstream from any processing. The compression facilities meet the central point in the field test as the production platform is the collection point for gas from various ▇▇▇▇▇ connected to the platform by separate and individual lines. The Shell Offshore ▇▇▇▇▇ in High Island Block A--350 and West Cameron Block 633 radiate outward from the platform, thus placing the compressor and the remaining production--related equipment on the platform in the center of an irregular "circle" configuration defined by well locations.We conclude that under the modified "primary function" test, as enunciated above, the primary function of the subject compression facilities is gathering, and that it therefore is exempt from our NGA jurisdiction by operation of the "production and gathering" exemption contained in section 1(b) of the NGA.18. Shell Western E&P, Inc., Docket No. CP89--468--000 El Paso Natural Gas Company, Docket No. CP89--483--000On December 21, 1988, Shell Western E&P, Inc. (Shell) filed a petition pursuant to Rule 207 of the Commission's Rules of Practice and [*138] Procedure n112 for a declaratory order disclaiming jurisdiction over certain existing natural gas compression, pipeline and plant facilities, with appurtenances (the ▇▇▇▇▇▇▇ Facilities) that it seeks to acquire from El Paso Natural Gas Company. For the reasons stated below, we find that the ▇▇▇▇▇▇▇ Facilities are gathering facilities exempt from the Commission's jurisdiction by operation of the "production and gathering" exemption contained in section 1(b) of the NGA. n112 18 C.F.R. section 385.207 (1988). On December 23, 1988, El Paso Natural Gas Company (El Paso) filed an application pursuant to section 7(b) of the NGA seeking Commission permission and approval to abandon, by conveyance to Shell, the Terrell Facilities located in ▇▇▇▇▇▇▇, ▇▇▇ Verde, and Crockett Counties, Texas, and the services related thereto. The parties entered into a sales agreement dated October 21, 1988, (Sales Agreement) under which Shell will acquire El Paso's ▇▇▇▇▇▇▇ Facilities as part of a comprehensive take--or--pay settlement resolving El Paso's existing and future take--or--pay (TOP) exposure to Shell. We will approve the abandonment subject to certain conditions as articulated in the body of this [*139] order.a. BackgroundShell is a wholly owned affiliate of Shell Oil Company and is engaged in the business of producing and selling natura...
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Declaratory. Judgment Expenses shall be recovered in accordance with the provisions set forth in Paragraph A. of this Article, provided such Declaratory Judgment Expense shall be limited to no more than $2,700,000, each applicable Policy in any one Loss Occurrence. E. All recoveries, salvages or payments recovered or received subsequent to a loss settlement under this Agreement shall be applied as if recovered or received prior to the aforesaid settlement and all necessary adjustments to the loss settlement shall be made by the parties hereto. F. Nothing in this Article shall be construed to mean that losses are not recoverable hereunder until the Ultimate Net Loss of the Company has been ascertained.
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Declaratory. Relief; and
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Related to Declaratory

  • Jury Duty and Court Appearances Leave of absence without loss of pay and benefits will be provided to an employee summoned to serve on a jury or when subpoenaed or summoned as a witness in a criminal or civil proceeding not occasioned by the employee's private affairs, or when the employee accompanies a dependent child when the child is subpoenaed or summoned to appear as a witness in a criminal or civil proceeding. An employee in receipt of pay or benefits under this Article has the responsibility to reimburse the employer all monies paid to him/her by the Court, except travelling and meal allowances not reimbursed by the employer.

  • Litigation There is no action, suit, inquiry, notice of violation, proceeding or investigation pending or, to the knowledge of the Company, threatened against or affecting the Company, any Subsidiary or any of their respective properties before or by any court, arbitrator, governmental or administrative agency or regulatory authority (federal, state, county, local or foreign) (collectively, an “Action”) which (i) adversely affects or challenges the legality, validity or enforceability of any of the Transaction Documents or the Securities or (ii) could, if there were an unfavorable decision, have or reasonably be expected to result in a Material Adverse Effect. Neither the Company nor any Subsidiary, nor any director or officer thereof, is or has been the subject of any Action involving a claim of violation of or liability under federal or state securities laws or a claim of breach of fiduciary duty. There has not been, and to the knowledge of the Company, there is not pending or contemplated, any investigation by the Commission involving the Company or any current or former director or officer of the Company. The Commission has not issued any stop order or other order suspending the effectiveness of any registration statement filed by the Company or any Subsidiary under the Exchange Act or the Securities Act.