Right to Commence Legal Action Sample Clauses

Right to Commence Legal Action. [Omit 3.6 if non-exclusive] Provided Contributor has elected to grant Company exclusive rights in Section 3.1, Contributor grants Company the exclusive right, at its expense, to determine in its sole and reasonable discretion, without obligation, if and when any legal action shall be pursued with regard to the Accepted Images, and to defend claims and counterclaims related to the Accepted Images. Company shall have complete discretion regarding its choice of attorney. Settlements shall not be subject to Contributor’s prior approval; however Company shall not enter into any settlement that shall impair Contributor’s ownership or copyright in the Accepted Images. Contributor agrees to cooperate with Company, providing, if requested, all reasonable assistance to Company. Contributor agrees to be named in and being joined in as a party to any proceeding in connection with the prosecution or defense of any legal claim. If Company declines to bring a claim, Contributor retains the right to bring an action in its own name, at its own expense. In the event of any recovery, whether settlement or otherwise, Contributor shall pay Company the same percentage as it would receive under Paragraph 4.2 after payment of all reasonable costs, expenses, expert witness fees and attorneys’ fees.
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Right to Commence Legal Action. Provided Contributor has elected to grant PressFoto rights in Section 3.1, Contributor grants PressFoto the right, at its expense, to determine in its sole and reasonable discretion, without obligation, if and when any legal action shall be pursued with regard to the Accepted Images, and to defend claims and counterclaims related to the Accepted Images. PressFoto shall have complete discretion regarding its choice of attorney. Settlements shall not be subject to Contributor’s prior approval; however PressFoto shall not enter into any settlement that shall impair Contributor’s ownership or copyright in the Accepted Images. Contributor agrees to cooperate with PressFoto, providing, if requested, all reasonable assistance to PressFoto. Contributor agrees to be named in and being joined in as a party to any proceeding in connection with the prosecution or defense of any legal claim. If PressFoto declines to bring a claim, Contributor retains the right to bring an action in its own name, at its own expense.
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Right to Commence Legal Action. Provided Contributor has elected to grant Company exclusive rights in Section 5.1, Contributor grants Company and Distributors the exclusive right, at its expense, to determine in its sole and reasonable discretion, without obligation, if and when any Legal Action shall be pursued with regard to the Selected Images, and to defend claims and counterclaims related to the Selected Images. Company and Distributors shall have complete discretion regarding its their choice of attorney in any Legal Actions. Any settlement or resolution of a Legal Action shall not be subject to Contributor’s prior approval; however Company and/or Distributors shall not enter into any settlement or resolution that shall impair Contributor’s ownership or copyright in the Selected Images without Contributor’s prior written consent. Contributor agrees to cooperate with Company and Distributors in any Legal Action, providing, if requested, all reasonable assistance to Company. Contributor agrees to be named in and being joined in as a party to any proceeding in connection with any Legal Action or defense of any legal claim and Distributors. If Company declines to bring a Legal Action, Contributor retains the right to bring an action in its own name, at its own expense. In the event of any recovery by Contributor in its own legal action involving a Selected Image, whether through settlement, adjudication or otherwise, Contributor shall pay Company the same percentage as Company would receive under Paragraph 8.1 after payment of all reasonable costs, expenses, expert witness fees and attorneys’ fees.
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Related to Right to Commence Legal Action

  • Other Legal Actions The actions stipulated in this Integrity Pact are without prejudice to any other legal action that may follow in accordance with the provisions of the extant law in force relating to any civil or criminal proceedings.

  • No Legal Action There is no action or proceeding (whether, for greater certainty, by a Governmental Entity or any other Person) pending or threatened in any jurisdiction to:

  • No Legal Actions No court or governmental authority of competent jurisdiction shall have issued an order, not subsequently vacated, restraining, enjoining or otherwise prohibiting the consummation of the transactions contemplated by this Agreement, and no person shall have instituted an action or proceeding which shall not have been previously dismissed seeking to restrain, enjoin or prohibit the consummation of the transactions contemplated by this Agreement or seeking damages with respect thereto.

  • Right to Contest Borrower, at its own expense, may contest by appropriate legal proceedings, conducted diligently and in good faith, the amount or validity of any Imposition other than Insurance premiums and Ground Rent (if applicable), if: (i) Borrower notifies Lender of the commencement or expected commencement of such proceedings, (ii) the Mortgaged Property is not in danger of being sold or forfeited, (iii) if Borrower has not already paid the Imposition, Borrower deposits with Lender reserves sufficient to pay the contested Imposition, if requested by Lender, and (iv) Borrower furnishes whatever additional security is required in the proceedings or is reasonably requested by Lender, which may include the delivery to Lender of reserves established by Borrower to pay the contested Imposition.

  • Legal Action If you are dissatisfied with the determination of your claim, and have complied with applicable state and federal law, you are entitled to seek judicial review. This review will take place in an appropriate court of law. Under state law, you may not begin court proceedings prior to the expiration of sixty (60) days after the date you filed your claim. In no event may legal action be taken against us later than three (3) years from the date you were required to file the claim. For members covered by a group (employer sponsored) health plan, your plan may be subject to the Employee Retirement Income Security Act of 1974 (ERISA), as amended. Under federal law, if your plan is subject to ERISA you may have the right to bring legal action under section 502(a) of ERISA after you have exhausted all appeals available under the plan. That means, for both medical and administrative appeals, federal law requires that you pursue a final decision from the plan, prior to filing suit under section 502(a) of ERISA. For a medical appeal, that final decision is the determination of the appeal. You are not required to submit your claim to external review prior to filing a suit under section 502(a) of ERISA. Consult your employer to determine whether this applies to you and what your rights and obligations may be. If you are dissatisfied with the decision on your claim, and have complied with applicable state and federal law, you are entitled to seek judicial review. This review will take place in an appropriate court of law.

  • RIGHT TO CONDUCT AUDIT The IOP grants the United States General Accounting Office (GAO) the right to conduct audits. ARTICLE 11

  • Cooperate in Legal Proceedings Borrower shall cooperate fully with Lender with respect to any proceedings before any court, board or other Governmental Authority which may in any way affect the rights of Lender hereunder or any rights obtained by Lender under any of the other Loan Documents and, in connection therewith, permit Lender, at its election, to participate in any such proceedings.

  • Right to Counsel The Indemnified Persons shall have the right to employ counsel in their, its, his or her sole discretion. Such Indemnified Persons shall be responsible for the expenses of such separate counsel except as provided in Subsection 6(c)(iii). The Advisor agrees to cooperate fully with the Indemnified Persons and their separate counsel in responding to such threatened or actual claims.

  • Notice of Litigation, Right to Prosecute, Etc No Fund shall be liable for indemnification under this Section 5.03 unless a Person shall have promptly notified such Fund in writing of the commencement of any litigation or proceeding brought against such Person in respect of which indemnity may be sought under this Section 5.03. With respect to claims in such litigation or proceedings for which indemnity by a Fund may be sought and subject to applicable law and the ruling of any court of competent jurisdiction, such Fund shall be entitled to participate in any such litigation or proceeding and, after written notice from such Fund to any Person, such Fund may assume the defense of such litigation or proceeding with counsel of its choice at its own expense in respect of that portion of the litigation for which such Fund may be subject to an indemnification obligation; provided however, a Person shall be entitled to participate in (but not control) at its own cost and expense, the defense of any such litigation or proceeding if such Fund has not acknowledged in writing its obligation to indemnify the Person with respect to such litigation or proceeding. If such Fund is not permitted to participate or control such litigation or proceeding under applicable law or by a ruling of a court of competent jurisdiction, such Person shall reasonably prosecute such litigation or proceeding. A Person shall not consent to the entry of any judgment or enter into any settlement in any such litigation or proceeding without providing each applicable Fund with adequate notice of any such settlement or judgment, and without each such Fund's prior written consent. All Persons shall submit written evidence to each applicable Fund with respect to any cost or expense for which they are seeking indemnification in such form and detail as such Fund may reasonably request.

  • Right to Consult Counsel The Warrant Agent may at any time consult with legal counsel satisfactory to it (who may be legal counsel for the Company), and the Warrant Agent shall incur no liability or responsibility to the Company or to any Holder for any action taken, suffered or omitted by it in good faith in accordance with the opinion or advice of such counsel.

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