Judicial Resolution. Tenant has the option to pursue Judicial Resolution. Tenant shall give written notice to Landlord of its intent to pursue Judicial Resolution (“Tenant Notice of Suit”). Upon receipt of such a Tenant Notice of Suit, Landlord shall have the following options: (i) Landlord may raise the defense of sovereign immunity; (ii) To the extent authorized by and allowed under the Constitution and laws of the State of Texas, Landlord may waive the defense of sovereign immunity and proceed to participate in the Judicial Resolution; or (iii) To the extent authorized by and allowed under the Constitution and laws of the State of Texas, Landlord may bring suit against Tenant seeking a declaratory judgment on Tenant’s assertion(s) regarding Landlord’s Default or issues which are the basis of Tenant’s assertion of Landlord’s Default. In such event, Landlord may proceed to participate in the Judicial Resolution.
Appears in 1 contract
Sources: Ground Lease
Judicial Resolution. Tenant has the option to pursue Judicial Resolution. Tenant shall give written notice to Landlord of its intent to pursue Judicial Resolution (“Tenant Notice of Suit”). Upon receipt of such a Tenant Notice of Suit, Landlord shall have the following options:
(i) Landlord may raise the defense of sovereign immunity;
(ii) To the extent authorized by and allowed under the Constitution and laws of the State of Texas, Landlord may waive the defense of sovereign immunity and proceed to participate in the Judicial Resolution; or
(iii) To the extent authorized by and allowed under the Constitution and laws of the State of Texas, Landlord may bring suit against Tenant ▇▇▇▇▇▇ seeking a declaratory judgment on Tenant▇▇▇▇▇▇’s assertion(s) regarding Landlord▇▇▇▇▇▇▇▇’s Default or issues which are the basis of Tenant▇▇▇▇▇▇’s assertion of Landlord’s Default. In such event, Landlord may proceed to participate in the Judicial Resolution.
Appears in 1 contract
Sources: Ground Lease