Common use of LIMITED COURT ACTIONS Clause in Contracts

LIMITED COURT ACTIONS. Notwithstanding anything herein to the contrary, a party will have the right to initiate litigation to (a) toll any statute of limitations, or (b) seek injunctive relief or other equitable remedy if, in such party’s sole discretion, such action is deemed necessary to avoid irreparable damage or preserve the status quo. The institution of any litigation in accordance with this Section 14.4does not excuse the party’s obligation to participate in good faith in the other dispute procedures in this Article XIV. ANY LITIGATION PERMITTED HEREUNDER MUST BE BROUGHT IN THE COURTS OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF DELAWARE, AND EACH OF THE PARTIES HEREBY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE EXCLUSIVE JURISDICTION OF THE AFORESAID COURTS. EACH THE PARTIES HEREBY IRREVOCABLY WAIVES ANY OBJECTION, INCLUDING ANY OBJECTION TO THE LAYING OF VENUE OF ANY SUCH LITIGATION, BASED ON THE GROUNDS OF FORUM NON CONVENIENS, WHICH IT MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY ACTION OR PROCEEDING IN SUCH JURISDICTION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY WAIVES ITS RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY LITIGATION PERMITTED HEREUNDER. * Confidential treatment requested

LIMITED COURT ACTIONS. Notwithstanding anything herein to the contrary, a party Member will have the right to initiate litigation to (a) toll any statute of limitations, or ; (b) seek specific performance, injunctive relief or other equitable remedy if, remedy; (c) to compel arbitration in such party’s sole discretion, such action is deemed necessary accordance with this LLC Agreement; or (d) to avoid irreparable damage or preserve the status quoobtain judgment on any arbitration award. The institution of any litigation in accordance with this Section 14.4does does not excuse the partyMember’s obligation to participate in good faith in the other dispute resolution procedures set forth in this Article XIV. ANY LITIGATION PERMITTED HEREUNDER MUST BE BROUGHT ONLY IN THE COURTS OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF DELAWARE OR IN THE STATE COURTS OF DELAWARE, AND EACH OF THE PARTIES MEMBERS HEREBY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE EXCLUSIVE JURISDICTION OF THE AFORESAID COURTS. EACH THE PARTIES MEMBER HEREBY IRREVOCABLY WAIVES ANY OBJECTION, INCLUDING WITHOUT LIMITATION, ANY OBJECTION TO THE LAYING OF VENUE OF ANY SUCH LITIGATION, BASED ON THE GROUNDS OF FORUM NON CONVENIENS, WHICH IT MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY ACTION OR PROCEEDING IN SUCH JURISDICTION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY MEMBER HEREBY IRREVOCABLY WAIVES ITS RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY LITIGATION PERMITTED HEREUNDER. * Confidential treatment requested.

LIMITED COURT ACTIONS. Notwithstanding anything herein to the contrary, a party will have the right to initiate litigation to (a1) toll any statute of limitations, or ; (b2) seek specific performance, injunctive relief or other equitable remedy if, remedy; (3) to compel arbitration in such party’s sole discretion, such action is deemed necessary accordance with this Agreement; or (4) to avoid irreparable damage or preserve the status quoobtain judgment on any arbitration award. The institution of any litigation in accordance with this Section 14.4does does not excuse the party’s obligation to participate in good faith in the other dispute resolution procedures set forth in this Article XIVSection 10(b). ANY LITIGATION PERMITTED HEREUNDER MUST BE BROUGHT ONLY IN THE COURTS OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF DELAWARE OR IN THE STATE COURTS OF DELAWARE, AND EACH OF THE PARTIES PARTY HEREBY ACCEPTS FOR ITSELF AND IN RESPECT OF ITS PROPERTY, GENERALLY AND UNCONDITIONALLY, THE EXCLUSIVE JURISDICTION OF THE AFORESAID COURTS. EACH THE PARTIES PARTY HEREBY IRREVOCABLY WAIVES ANY OBJECTION, INCLUDING WITHOUT LIMITATION, ANY OBJECTION TO THE LAYING OF VENUE OF ANY SUCH LITIGATION, BASED ON THE GROUNDS OF FORUM NON CONVENIENS, WHICH IT MAY NOW OR HEREAFTER HAVE TO THE BRINGING OF ANY ACTION OR PROCEEDING IN SUCH JURISDICTION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HEREBY IRREVOCABLY WAIVES ITS RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ANY LITIGATION PERMITTED HEREUNDER. * Confidential treatment requested.