Litigating Tribes Clause Samples
The "Litigating Tribes" clause defines the rights and procedures related to legal actions involving Native American tribes. Typically, this clause outlines whether disputes involving tribes are subject to specific courts, arbitration, or tribal jurisdiction, and may clarify the waiver or retention of sovereign immunity by the tribe. Its core function is to establish clear legal pathways and jurisdictional boundaries for resolving disputes, thereby reducing uncertainty and potential conflicts over where and how litigation can proceed.
Litigating Tribes. Any Litigating Tribe (excluding Cherokee Nation) that does not execute a Tribal Participation Form within three years after the Effective Date of this Agreement or any Litigating Tribe that affirmatively opt-outs of this settlement and provides written notice to the Special Master, the TLC and Walmart of its intent to litigate any Released Claims against any Released Entities shall forego its right to participate in distributions contemplated by this Agreement, in which case the amount (including accumulated holdback amounts) allocable to such Litigating Tribe pursuant to its Tribal Allocation Distribution Percentage shall revert to Walmart, to be paid to Walmart within sixty (60) days after the third anniversary of the Effective Date.
Litigating Tribes. Any Litigating Tribe that does not execute a Tribal Participation Form within three years after the Effective Date of this Agreement or any Litigating Tribe that affirmatively opt-outs of this settlement and provides written notice to the Special Master, the TLC and Allergan of its intent to litigate any Released Claims against any Released Entities shall forego its right to participate in distributions contemplated by this Agreement, in which case the amount (including accumulated holdback amounts) allocated to such Litigating Tribe shall revert to Allergan, to be paid to Allergan within sixty (60) days after the third anniversary of the Effective Date.
Litigating Tribes. Any Litigating Tribe that does not execute a Tribal Participation Form within three years after the Effective Date of this Agreement or any Litigating Tribe that affirmatively opt-outs of this settlement and provides written notice to the Special Master, the TLC and Mylan of its intent to litigate any Released Claims against any Released Entities shall forego its right to participate in distributions contemplated by this Agreement, in which case the amount (including accumulated holdback amounts) allocable to such Litigating Tribe pursuant to its Tribal Allocation Distribution Percentage shall revert to Mylan, to be paid to Mylan within sixty (60) days after the third anniversary of the Effective Date.
Litigating Tribes. Any Litigating Tribe that does not execute a Tribal Participation Form within three years after the Effective Date of this Agreement or any Litigating Tribe that affirmatively opt-outs of this settlement and provides written notice to the Special Master, the TLC and Zydus of its intent to litigate any Released Claims against any Released Entities shall forego its right to participate in distributions contemplated by this Agreement, in which case the amount (including accumulated holdback amounts) allocable to such Litigating Tribe pursuant to its Tribal Allocation Distribution Percentage shall revert to Zydus, to be paid to Zydus within sixty (60) days after the third anniversary of the Effective Date.
Litigating Tribes. Any Litigating Tribe that does not execute a Tribal 19 Participation Form within one year after the Effective Date of this Agreement, or any Litigating 20 Tribe that affirmatively opt-outs of this settlement and provides written notice to the Plaintiffs’ 21 Lead Counsel and Plaintiffs’ Steering Committee Tribal Representative of its intent to litigate any 22 Released Claims against any Released Entities, shall forego its right to participate in distributions 23 contemplated by this Agreement, in which case the amount (including accumulated holdback 24 amounts) allocable to such Litigating Tribe pursuant to its Tribal Allocation Distribution 25 Percentage shall revert to McKinsey, to be paid to McKinsey within sixty (60) days after the first 26 anniversary of the Effective Date. 27
Litigating Tribes. Any Litigating Tribe (excluding Cherokee Nation) that does not execute a Tribal Participation and Release Form within three years after the Effective Date or any Litigating Tribe that affirmatively opt-outs of this Agreement and provides written notice to the Special Master, the TLC and CVS of its intent to litigate any Released Claims against any Released Entities shall forego its right to participate in distributions contemplated by this Agreement, in which case any amounts (including accumulated holdback amounts) allocable to such Litigating Tribe pursuant to its Tribal Allocation Distribution Percentage shall revert to CVS, to be paid to CVS within sixty (60) days after the third anniversary of the Effective Date. The Annual Payment for each future Payment Year as reflected in Exhibit G-1 also shall be reduced by the Litigating Tribe’s Tribal Allocation Distribution Percentage.
Litigating Tribes. Any Litigating Tribe that is not a Participating Tribe as of the Effective Date of this Agreement shall participate fully if it becomes a Participating Tribe pursuant to Section VI.D within one (1) year of the Effective Date, provided that such Litigating Tribe’s case(s) remain inactive after the Effective Date (meaning that the Litigating Tribe does not pursue any discovery or file any motions or seek to advance the litigation in any way) and are dismissed with prejudice promptly upon submitting a properly executed Tribal Participation Form. For the avoidance of doubt, such Litigating Tribe shall not be deemed a Participating Tribe until all required dismissals with prejudice have been entered by the appropriate court(s). Any Litigating Tribe that becomes a Participating Tribe later than one (1) year after the Effective Date shall not be entitled to receive any share of any Settlement Funds due before such Tribe became a Participating Tribe. Pursuant to Section IV.B, Settling Distributors shall receive a dollar-for-dollar offset based on the Final Tribal Allocation Distribution Percentages assigned to a Non-Participating Litigating Tribe that either affirmatively opts-out of this Agreement or does not become a Participating Tribes within one (1) year of the Effective Date.