Required Process Clause Samples

Required Process. For the avoidance of doubt, each Party must initiate the governance process and participate in such process in good faith before initiating any litigation or other legal proceeding regarding this Agreement, and before terminating this Agreement pursuant to Section 12.2, except that a Party may pursue immediate injunctive or other equitable relief in U.S. federal or state courts without regard to the governance provisions of this Agreement, if such Party determines in its sole discretion that such relief is necessary to prevent irreparable harm or protect its Confidential Information, Intellectual Property Rights, or other proprietary rights. Pending resolution of any matter submitted to this governance process, the Parties will continue performance under this Agreement, to the extent feasible.

Required Process. The approvals set forth in Exhibit J establish the required review and approval bodies for Development Applications. No Development Application shall be approved without first submitting such Development Application for review as set forth herein. This process is designed to limit the number of submittals and reviews required for development of the Project, to ensure that each 'HYHORSPHQW $SSOLFDWLRQ LV FRPSOLDQW ZLWK WKLV 0 implementation of this MDA an administrative function excepting only those items that, by applicable law or this MDA, require Planning Commission and/or City Council review or approval.

Required Process. The procedure set forth in Exhibit H establishes the required review and approval process for Development Applications in the Planned Community. No Development Application shall be approved without first submitting such Development Application for review as set forth herein. This process is designed to limit the number of submittals and reviews required for Development of the Planned Community, to ensure that each Development Application is compliant with this MDA, and to make the implementation of this MDA an administrative function excepting only those items that, by applicable law or pursuant to this MDA, require Planning Commission and/or City Council review and/or approval.

Required Process. Notwithstanding anything to the contrary in this Section 3.6 or any other term of this Agreement, each Party must exhaust the resolution process in this Section 3.6 before initiating any litigation or other legal proceeding regarding this Agreement, and before terminating this Agreement pursuant to Section 4.2(b) or 4.2(f), except that a Party may pursue immediate injunctive or other equitable relief from any court of competent jurisdiction prior to our during the resolution process without regard to the resolution provisions of this Agreement if the Party determines in its sole discretion that such relief is necessary including without limitation to protect its Intellectual Property Rights or other proprietary rights or its Confidential Information (as defined in this Agreement).

Required Process