Forbearance from Litigation Clause Samples
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Forbearance from Litigation. Scrubgrass, on the one hand, and Buzzard and EPC, on the other hand, agree and acknowledge that neither of them, nor any Person acting on their behalf has or will file, charge, claim, ▇▇▇ or cause or permit to be filed any charge, claim or action for damages or other relief against any Person involving any matter arising out of or relating to the subject of the releases set forth herein; provided, however, that this provision shall not apply to or limit any rights either Scrubgrass or Buzzard may have to pursue Claims against the other party relating to or arising out of the Lease Termination Documents to which they are parties.
Forbearance from Litigation. Each Party shall forever refrain and forebear from commencing, instituting or prosecuting any lawsuit, action or other proceeding against the other Party based on, arising out of or in any way connected with any Claim and Liability that is released or discharged under this Agreement.
Forbearance from Litigation. Each Party represents and warrants to the Released Parties that such Party does not presently have on file any complaints, charges, or claims (civil, administrative, criminal, or otherwise) with respect to any Claim that is released or purported to be released under this Agreement against any of the Released Parties in any court or forum, or before any governmental or administrative agency or entity. To the fullest extent allowed by law, with respect to any Claim that is released or purported to be released under this Agreement, each Party promises never to (i) file or prosecute a lawsuit, charge or complaint based on any such Claim, or (ii) seek any damages, remedies, or other relief by filing or prosecuting a charge with any administrative agency with respect to any such Claim. Each Party further promises to request any government agency or other body assuming jurisdiction of any such lawsuit, complaint or charge to withdraw from the matter or dismiss the matter with prejudice.
Forbearance from Litigation. Borrower and Parent shall continue to perform fully all of their respective obligations under the Loan Agreements for the period between the date of this Agreement and the Termination Date, including, without limitation, its payment obligations thereunder, including obligations that have accrued and not been paid; provided that, Lender hereby agrees to forbear from exercising its rights and remedies under the Loan Agreements with respect to the Specified Loan Defaults due to a shortfall in Project Revenues. Such forbearance shall terminate on the date which shall be the earlier to occur of (i) the occurrence of an Event of Default under the Note Purchase Agreement or other Loan Agreements other than the Specified Loan Defaults and (ii) termination of any forbearance by SGC under the Omnibus Agreement (such period of forbearance, the “Forbearance Period”). During the Forbearance Period, all principal and interest that is not paid will continue to accrue, together with interest on any such overdue amounts at the Default Rate. After the Forbearance Period, if the assignment of the Lease Agreement does not occur in accordance with the terms of the Omnibus Agreement, Lender shall be entitled to exercise all rights and remedies with respect to the Specified Loan Defaults as if such forbearance had never been granted, and Borrower and Parent retain all rights and defenses with respect thereto.