Declaratory Sample Clauses

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.
Sample 1
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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 xxxxx connected to the platform by separate and individual lines. The Shell Offshore xxxxx 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 Xxxxxxx Facilities) that it seeks to acquire from El Paso Natural Gas Company. For the reasons stated below, we find that the Xxxxxxx 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 Xxxxxxx, Xxx 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 Xxxxxxx 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...
Sample 1
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, XXXX 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 XXXX 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
Sample 1
Declaratory. Relief; and (3) Injunctive Relief. MEF denies all allegations in the lawsuit and that any Massage Envy® advertising was deceptive and claims that it is the franchisor and does not own or operate any of the Massage Envy® franchised locations that you visited.
Sample 1

Related to Declaratory

  • Declaratory Judgment Actions In the event that a declaratory judgment action is brought against M.I.T. or COMPANY by a third party alleging invalidity, unenforceability, or non-infringement of the PATENT RIGHTS, M.I.T., at its option, shall have the right within twenty (20) days after commencement of such action to take over the sole defense of the action at its own expense. If M.I.T. does not exercise this right, COMPANY may take over the sole defense of the action at COMPANY's sole expense, subject to Sections 7.4 and 7.5.

  • No Judgments or Litigation Except as set forth on Attachment B, no judgments, orders, writs or decrees are outstanding against Customer nor is there now pending or, to the best of Customer's knowledge after due inquiry, threatened, any litigation, contested claim, investigation, arbitration, or governmental proceeding by or against Customer.

  • Litigation; Prevailing Party In the event of any litigation with regard to this Agreement, the prevailing party shall be entitled to receive from the non-prevailing party and the non-prevailing party shall pay upon demand all reasonable fees and expenses of counsel for the prevailing party.

  • Prevailing Party If any legal action or other proceedings is brought for a breach of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and other costs incurred in bringing such action or proceeding, in addition to any other relief to which such party may be entitled.

  • Small Claims Court Notwithstanding anything herein to the contrary, each party retains the right to pursue in Small Claims Court any dispute within that court’s jurisdiction. Further, this arbitration provision shall apply only to disputes in which either party seeks to recover an amount of money (excluding attorneys’ fees and costs) that exceeds the jurisdictional limit of the Small Claims Court.

  • 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.

  • Infringement Proceedings Each Party agrees to promptly notify the other Party of any unauthorized use of the other Party's Marks of which it has actual knowledge. Each Party will have the sole right and discretion to bring proceedings alleging infringement of its Marks or unfair competition related thereto; provided, however, that each Party agrees to provide the other Party with its reasonable cooperation and assistance with respect to any such infringement proceedings.

  • Infringement and Litigation 11.1 Each party shall promptly notify the other in writing in the event that it obtains knowledge of infringing activity by third parties, or is sued or threatened with an infringement suit, in any country in the LICENSED TERRITORY as a result of activities that concern the LICENSED PATENTS, and shall supply the other party with documentation of the infringing activities that it possesses.

  • Interpleader Should any controversy arise among the parties hereto with respect to this Agreement or with respect to the right to receive the Escrowed Funds, the Escrow Agent shall have the right to consult counsel and/or to institute an appropriate interpleader action to determine the rights of the parties. The Escrow Agent is also hereby authorized to institute an appropriate interpleader action upon receipt of a written letter of direction executed by the parties so directing the Escrow Agent. If the Escrow Agent is directed to institute an appropriate interpleader action, it shall institute such action not prior to thirty (30) days after receipt of such letter of direction and not later than sixty (60) days after such date. Any interpleader action instituted in accordance with this Section 4 shall be filed in any court of competent jurisdiction in New York, and the portion of the Escrowed Funds in dispute shall be deposited with the court and in such event the Escrow Agent shall be relieved of and discharged from any and all obligations and liabilities under and pursuant to this Agreement with respect to that portion of the Escrowed Funds.

  • Relief The Executive agrees that it would be difficult to measure any damages caused to the Company which might result from any breach by the Executive of the Continuing Obligations, and that in any event money damages would be an inadequate remedy for any such breach. Accordingly, the Executive agrees that if the Executive breaches, or proposes to breach, any portion of the Continuing Obligations, the Company shall be entitled, in addition to all other remedies that it may have, to an injunction or other appropriate equitable relief to restrain any such breach without showing or proving any actual damage to the Company.

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