Litigation Funding Clause Samples
POPULAR SAMPLE Copied 1 times
Litigation Funding. Prior to executing a written engagement with any outside litigation counsel in respect of patent litigation relating to any of the Patents, Purchaser shall disclose in writing to Seller the identity of the proposed outside litigation counsel, the terms of the engagement, including, but not limited to, the financial terms, and the funding source and terms with which the patent litigation will be funded. Within five (5) business days of receipt of such written disclosure from Purchaser, Seller shall have the right to confer with Purchaser on the terms of the litigation funding and Purchaser shall facilitate such consultation. Further, if a third party funding source is selected and approved, either Seller or Purchaser shall have the right to match the terms of such third party funding source and receive the premium otherwise allocated to the funding source. Otherwise, the premium paid to the third party funding source will be part of the Deductible Purchaser Expenses. For the absence of doubt, provided the consent of Seller has been obtained (which consent shall not be unreasonably withheld) any (A) premium or recovery amount paid or payable to any third party funding source, or to the Purchaser or Seller (to the extent Purchaser or Seller elects, in whole or in part, to exercise the rights in the immediately preceding sentence), and (B) amount of disbursements incurred by Purchaser or reimbursed to Seller or third-party funding source, shall constitute Deductible Purchaser Expenses.
Litigation Funding. 5.1. Both Parties agree and hereby declare that the assignment covered under this agreement is not and shall not be considered part of any third party litigation funding arrangement or scheme.
5.2. Each Party shall be responsible to bear the respective costs incurred by them in the negotiation and execution of this Agreement and pursuing the Legal Case.
Litigation Funding. AMH agrees, on the terms and conditions set forth herein, to provide, or cause a Funding Party to provide, Litigation Funding to the Owner with respect to each Identified Litigation, in the form of one or more payments (“Payments” and each a “Payment”) from time to time for the sole purpose of paying certain (i) Costs and (ii) Other Fees and Expenses with respect to such Identified Litigation, as set forth in Section 2(c) and pursuant to the terms and conditions of this Agreement.
Litigation Funding. Under the terms of the LMA, in order to offer you the funding arrangements set out in the contract we may secure litigation funding for the claim, after consultation with the Claimant Committee who will enter into any agreement with the funder on your behalf. Any such funding may result in an additional fee that is payable by you however any such fee will be subject to the cap on your “payment out of compensation” as defined in the CFA. In accordance with your contract with us and depending upon the case circumstances, there may be costs left for you to pay as a result of costs that: Any costs that are left for you to pay will be payable “out of your compensation”. If litigation Funding has been obtained the total amount you will have to pay “out of your compensation” is: • 30% of your Damages; plus • Any applicable ATE premium(s); plus • Any applicable VAT; plus • Any applicable Adverse Costs If litigation Funding has not been obtained then the amount you will have to pay “out of your compensation” will be: • A maximum of 30% of your Damages; plus • Any applicable ATE premium(s); plus • Any applicable VAT; plus • Any applicable Adverse Costs • Generally speaking, in all cases if you win you are liable to pay all your own costs, but some (or all) of these costs may be recovered from and paid by the Defendant(s). • It is difficult to say with certainty how much of these costs we will be able to recover from the Defendant(s) as this will depend on a variety of factors, such as (but not limited to) what stage the case is concluded and the amount of damages recovered. • What happens in respect of any of your costs not recovered from the Defendant(s) will depend on your funding option. • You would not normally have to pay these and so these are normally zero. However, even if you win there are circumstances where you could be at risk from paying the Defendant's costs. This applies, for instance, if there is an interim issue and you are ordered to pay Adverse Costs or the Defendant makes a Formal Offer to Settle your claim (known as a Part 36 offer), and you do not go on to achieve a better settlement than the offer that was made. We will give you advice on the likelihood of receiving compensation that is greater than any offer so that you can make an informed decision. However, we cannot guarantee a result for you. • The Defendant(s) will not pay any of your costs. • However normally you will not have to pay anything yourself and be out of pocket. • Provided yo...
Litigation Funding. The Company agrees that ACZ shall pay all costs incurred by the ACZ Shareholders in respect of their litigation, as plaintiff, against (i) P▇▇▇▇▇-▇▇▇▇▇▇▇▇▇, H▇▇▇ & M▇▇▇▇▇▇▇▇ LLP, (ii) Element Nutrition, (iii) Genuine Health, (iv) SecondLife Global, (v) Neobourne Pharma LP, and (vi) 9▇▇▇-▇▇▇▇ ▇▇▇▇▇▇ Inc. dba SLoOp (the “Shareholder Litigation”) up to a maximum as determined by the Company. On final judgment being rendered in the Shareholder Litigation, the ACZ Shareholders agree to refund to ACZ (i) the entire amount of such litigation costs incurred out of the proceeds from the Shareholder Litigation, (ii) interest at a rate of 8 percent per annum, and (iii) 25 percent of proceeds realized from the listed Shareholder litigation. If any Shareholder Litigation results in a cost recuperation defiency, the ACZ Shareholders are not liable for related litigation cost for each plaintiff case listed herein.
Litigation Funding. 8.1 You have entered or will enter into an arrangement with the Funder in relation to the Proceedings in accordance with the terms of the Funding Agreement.
8.2 You acknowledge and understand that there are certain rights that the Funder has or will have pursuant to the Funding Agreement, including in relation to termination, retaining other legal representatives to carry out the Work, reimbursement of Legal Costs, and Settlement.
Litigation Funding. 2.1. The Litigation Lender shall pay:
2.1.1. all of the Claim Costs on behalf of the Claimant; and
2.1.2. any liability of the Claimant in respect of any Defendant Costs.
2.2. The obligations of the Litigation Lender to make payments in accordance with clause 2.1 of this agreement apply only for so long as the Claimant is not in breach of any of the Claimant’s obligations under this agreement.
Litigation Funding. The Parties agree as follows with respect to the funding of the Delaware Action and any other litigation (“Other Litigation”) undertaken to enforce or protect NuRx’s rights with respect to QN Diagnostics LLC (the “Joint Venture”), a joint venture undertaken by NuRx with QuantRx Biomedical Corporation. For avoidance of doubt, funding of the Delaware Action and any Other Litigation shall include all legal fees, expenses and advances incurred by any counsel of record with respect to the Delaware Action or Other Litigation, the cost of any experts retained by or on behalf of NuRx with respect to the Delaware Action or any Other Litigation up to an amount that shall not cause the Advances (as defined in Section 4(a)(i)) to exceed One Million Dollars ($1,000,000) but shall not include the cost of any judgment against, or sanctions imposed upon, NuRx.
Litigation Funding