Enforcement Procedures. Prior to bringing any action to enforce the terms of this Agreement, a Party seeking to enforce shall provide the violating Party thirty (30) days advanced written notice of its intent to enforce the alleged violation. The Parties shall meet and confer during such thirty (30) day period in an effort to try to reach agreement on an appropriate cure for the alleged violation. After such thirty (30) day period, the Party seeking to enforce may, by new action before the Superior Court of California in Alameda County, seek to enforce the terms and conditions contained in this Agreement.
Enforcement Procedures. (a) Notwithstanding anything in Section 3.3, each of the Secured Parties holding Related Loans, shall refrain from taking any Enforcement Procedures in respect of Related Loans unless directed by the Servicer or Replacement Servicer, as applicable, and the Servicer or Replacement Servicer (acting on the exclusive direction of the Guarantor) or the Guarantor, for itself, shall be solely entitled to take or direct the taking of Enforcement Procedures in respect of such Related Loans and their Shared Security and shall take such Enforcement Procedures in accordance with the Servicing Agreement (or the servicing agreement entered into with the Replacement Servicer), this Agreement and the terms of such Related Loans and their Shared Security as it would be reasonable to expect a Reasonable and Prudent Mortgage Lender to take in administering its Loans and their Related Security, in accordance with applicable laws, provided that the Servicer or Replacement Servicer, as applicable, shall (i) where practicable prior to taking any Enforcement Procedure, and (ii) in any event simultaneously with taking any Enforcement Procedure, provide the Seller and the Guarantor, by the fastest means possible, a copy of any notices sent to the Borrower along with the details of any Enforcement Procedure (to the extent not included in copies of the relevant notice(s) so delivered) and the Seller shall not take any action that conflicts with such Enforcement Procedure.
Enforcement Procedures. 1. Enforceable court decisions of either Contracting State as well as enforceable documents issued by an authority or institution of either Contracting State, in respect of social security contributions and other debts, shall be recognized in the territory of the other Contracting State.
Enforcement Procedures. Any Party may, after meeting and conferring, seek to enforce the terms and conditions contained in this Agreement by new action before the Superior Court of California in Alameda County. Enforcement of the terms and conditions of Section 3.2 of this Agreement shall be brought exclusively pursuant to Sections 6.3 through 6.4.
Enforcement Procedures. Prior to bringing any action to enforce the terms of this Agreement, a Party seeking to enforce shall provide the violating Party thirty (30) days advanced written notice of the alleged violation. The Parties shall meet and confer during such thirty (30) day period in an effort to try to reach agreement on an appropriate cure for the alleged violation. After such thirty (30) day period, the Party seeking to enforce may, by new action before the Superior Court of California in San Francisco County, seek to enforce the terms and conditions contained in this Agreement or to otherwise enforce Proposition 65.
Enforcement Procedures. Lengthy civil and commercial proceedings and enforcement procedures are significant obstacles to business activity and to taking advantage of corporate development potential, which also reduces the attractiveness for foreign direct investment.175 Consequently, to ensure more effective enforcement, Slovenia will primarily invest in the optimisation of resolving enforcement matters both in direct court proceedings as well as in proceedings with enforcement officers, namely with selected tools to accelerate enforcement, organisational measures and targeted computerising solutions for elimination of bottlenecks in the entire enforcement procedure. Training for the full spectrum of stakeholders involved in implementing enforcement procedures will also be supported in a complementary manner. The above-mentioned is in line with Country Specific Recommendation no. 6 for Slovenia to reduce the number of pending cases, particularly enforcement cases. ECONOMIC CRIME AND CORRUPTION Due to commercial crime and corruption, Slovenia is characterised by a high level of distrust in the judicial system, which discourages foreign investors who are essential for boosting the economy.176 The results of the Corruption Perception Index research carried out by the non-governmental organisation Transparency International also emphasise the worsening situation regarding corruption. In 2013, Slovenia ranked 43rd among 177 countries reviewed, or 20th among the European Union Member States.177 Slovenia will provide for the detection and effective prosecution of economic crime and corruption in all possible forms, as these phenomena fundamentally distort natural competition between companies (general and special prevention). The illicit origin of property which represents a market benefit not acquired through competition and the maximisation of benefits for end users of goods and services in the market also distorts competitiveness and inhibits healthy and sustainable economic growth. Therefore, Slovenia will enhance the effectiveness of mechanisms to confiscate assets of unlawful origin. To prosecute the worst forms of economic crime and corruption effectively, Slovenia will use mechanisms to optimise its legislative and organisational structures, investing in human 174 The discussed issue of lengthy bankruptcy procedures was also emphasised in the latest recommendation of the Organisation for Economic Co-operation and Development (OECD), Economic Survey of Slovenia 2013. 175 It can b...
Enforcement Procedures. Prior to bringing any motion or application to enforce the terms of this Agreement, a Party seeking to enforce shall provide the violating Party thirty
Enforcement Procedures. Subject to the following provisions, the Parties jointly shall engage counsel, which counsel shall be reasonably agreed in good faith by the Parties, to bring and maintain any action or proceeding with respect to infringement of any Arena Patent or Program Patent by a Third Party in the Territory (a “Field Infringement”). The Parties shall cooperate and consult fully with each other in strategizing, preparing, presenting and conducting any such action or proceeding, and the Parties shall seek in good faith to agree on all matters regarding such action or proceeding with Eisai having the final decision (regardless of whether or not Eisai is a party to such action or proceeding) in case such agreement cannot be reached within an appropriate time period (recognizing that certain decisions with respect to strategizing, preparing, presenting and conducting any such action or proceeding may be time sensitive) (subject to the other provisions of this Section 9.3(b)); provided, that Eisai shall fully consider and seek to accommodate Arena’s global intellectual property litigation positions in all such decisions that may impact such global positions (and Eisai shall fully take into account Arena’s interests with respect to the Compounds, the Related Compounds, the Products and other Compound Products and Related Products outside the Territory, including its intellectual property with respect thereto, and the impact outside the Territory of all its final decisions in, and conduct of, such actions or proceedings, and Eisai shall not unreasonably reject or unreasonably act contrary to Arena’s advice and suggestions with respect thereto). Each Party shall cooperate fully with the other Party with respect to such actions or proceedings, including being joined as a party plaintiff or joining the other Party as a party plaintiff in such action or proceeding and providing access to relevant documents and other evidence and making its employees available at reasonable business hours. The Parties shall share all out-of-pocket costs and expenses of conducting any such action or proceeding, with Eisai paying […***…]%, and Arena paying […***…]%, of such costs and expenses. Any monetary recovery resulting from such actions or proceedings will be allocated as follows: each of Eisai and Arena first will be reimbursed, out of such recovery, for its reasonable and verifiable costs and expenses with respect to such action or proceeding (such reimbursement to be pro-rata based on the ...
Enforcement Procedures. The DEPARTMENT’s enforcement program will follow procedures consistent with the principles in the DEPARTMENT’s Enforcement Manual. Procedures will include, but are not limited to, the ability to:
Enforcement Procedures. Prior to exercising a right to block a Party with a second enforcement right from initiating an enforcement action for bona fide strategic reasons [***] Portions of this exhibit have been redacted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. under this Section 11.4, the blocking Party shall consider the best interests of the applicable Licensed Product, and the blocking Party shall explain its reasons for any decision to abandon to the Joint Patent Committee. Each Party shall fully cooperate with the other Party in any action under this Section 11.4 at the initiating Party’s expense, and shall join in such action as a party at the initiating Party’s request and expense in the event that an adverse party asserts, the court rules or other Applicable Laws provide, or the initiating Party determines in good faith, that a court would lack jurisdiction based on the non-initiating Party’s absence as a party in such suit, but control of such action shall remain with the initiating Party. In these instances, the Party initiating the infringement suit shall indemnify the non-initiating Party against any order for costs that may be made against the non-initiating Party in such proceedings. The initiating Party will keep the non-initiating Party reasonably informed of the status of the infringement suit. Except as otherwise provided in this Section 11.4, all monies recovered upon the final judgment or settlement of any such suit to enforce any Patent Rights shall be allocated (i) first to the initiating Party to the extent necessary to compensate it for its expenses in its enforcement, (ii) second to the non-initiating Party to the extent necessary to compensate it for its expenses in cooperating with the initiating Party in its enforcement, (iii) third, any remainder attributable to [***], and (iv) fourth, any remainder thereafter shall be [***]; provided, that to the extent that any amount allocated to Licensee under clause [***]; provided, further, that for purposes of determining whether [***], any such recovery shall be allocated (a) [***] and (b) [***]. The Parties may consult with one another on all material aspects of any action under this Section 11.4. Neither Party shall settle any claims or suits involving rights of another Party (or rights of such Party to the extent they are licensed to such other Party) without obtaining the prior written consent of such other Party, wh...
