Summary Proceedings Sample Clauses
The Summary Proceedings clause establishes a streamlined legal process for resolving disputes quickly, often without a full trial. Typically, it allows parties to present their case based on written submissions or limited oral arguments, and the court or arbitrator can make a decision based on the available evidence. This clause is designed to expedite dispute resolution, reduce legal costs, and avoid lengthy litigation, thereby providing an efficient mechanism for handling straightforward or uncontested matters.
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Summary Proceedings. A matter in dispute which by its nature and/or amount in controversy, qualifies as a matter of right or discretion to be determined in the Superior Court of the State of Delaware in and for New Castle County under its Rules governing Summary Proceedings for Commercial Disputes, shall proceed and be determined in such Summary Proceedings only. In addition to such procedures, the below Paragraphs (A) through (E) shall be applicable to any dispute under such Summary Proceedings.
(A) Any dispute which cannot be determined in such Summary Proceedings shall proceed and be determined in whichever Delaware Court has requisite jurisdiction.
(B) Any disputing party may make application to the said Superior Court for resolution of a dispute to be determined in such Summary Proceedings. No disputing party shall directly or indirectly oppose such application in any way.
(C) Except as provided in Section 13.8, no disputing party shall directly or indirectly initiate or pursue any case, proceeding or claim (whether for damages or other relief) relating to a dispute in any forum other than a Delaware Court.
(D) Each and all disputing parties hereby reciprocally and irrevocably waive in advance any and all objections to the Delaware Courts or directly or indirectly to cause any aspect of the dispute to be heard in another forum.
(E) For purposes of all actions or proceedings that involve a dispute, all disputing parties do hereby irrevocably submit themselves to the personal jurisdiction of each and all Delaware Courts and agree that service of process may be duly perfected by a lawful method.
Summary Proceedings. Nothing in Section 26.01 shall be deemed to require Landlord to give the notices therein provided for prior to the commencement of a summary proceeding for non-payment of rent or a plenary action for the recovery of rent on account of any default in the payment of the same, it being intended that such notices are for the sole purpose of creating a conditional limitation hereunder pursuant to which this lease shall terminate and if Tenant thereafter remains in possession or occupancy, it shall become a holdover tenant.
Summary Proceedings. If the Landlord commences any summary proceeding for nonpayment of Rent, the Tenant shall not interpose (and hereby waives the right to interpose) any counterclaim in any such proceeding.
Summary Proceedings. 5.1. Once the LICENSEE has submitted the evidence contemplated in paragraphs 2.2 and 4.3, and once this AGREEMENT has been ratified by the NATIONAL EXECUTIVE POWER, ORSNA shall have to desist the summary proceedings brought in File N° 106,736/02 “ORSNA vs. A▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ ▇▇▇▇ S.A., for execution proceedings” pending before the National Court in Administrative Federal Matters N°1, Secretariat N°1.
5.2. Costs shall be born by each of the parties as appropriate. Under no circumstances neither the NATIONAL STATE nor ORSNA shall assume the eventual fees corresponding to the defendant.
Summary Proceedings. The right and privilege Seller to institute summary proceedings against any Occupancy Tenant on account of default prior to Closing Date, and it is agreed that no representations have been made and no responsibilities assumed by Seller with respect to the continued occupancy of any of the Property by any Occupancy Tenant.
Summary Proceedings. In the event that Landlord commences summary proceedings in the nature of a forcible entry and detainer or unlawful detention for nonpayment of minimum rent, percentage rent, additional rent, or for Tenant's failure to perform its other obligations hereunder, Tenant agrees not to file a counterclaim against Landlord in the summary proceedings, nor to consolidate claims against Landlord in said proceedings; however, Tenant does not waive its right hereunder to bring any later action against Landlord for damages. The commencement of such proceedings (including but not limited to the delivery of notice and process thereof), regardless of whether such proceedings are actually commenced, shall not be deemed to terminate the Lease. If Tenant should contest such summary proceedings, it shall post a bond in favor of Landlord for the amount of rent due for future damages upon termination of this Lease.
Summary Proceedings. The parties hereby agree that this Agreement constitutes an extrajudicial execution instrument ("titulo executivo extrajudicial") in accordance with the provisions of Articles 583 and 585, II, of the Brazilian Code of Civil Procedure, and that CREDITOR shall have the right exercisable at its sole discretion, to institute legal proceedings against BORROWER for the collection of any amounts due hereunder through sumary proceedings ("execucao").
Summary Proceedings. Any action, suit or proceeding where the amount ------------------- in controversy as to at least one party, exclusive of interest and costs, exceeds $1,000,000 ("Summary Proceeding"), arising out of or relating to this Note, or the breach, termination or validity thereof, shall be litigated exclusively in the Superior Court of the State of Delaware (the "Delaware Superior Court") as a summary proceeding pursuant to Rules 124-131 of the Delaware Superior Court, or any successor rules (the "Summary Proceeding Rules"). Each of the parties hereto hereby irrevocably and unconditionally (i) submits to the jurisdiction of the Delaware Superior Court for any Summary Proceeding, (ii) agrees not to commence any Summary Proceeding except in the Delaware Superior Court, (iii) waives, and agrees not to plead or to make, any objection to the venue of any Summary Proceeding in the Delaware Superior Court, (iv) waives, and agrees not to plead or to make, any claim that any Summary Proceeding brought in the Delaware Superior Court has been brought in an improper or otherwise inconvenient forum, (v) waives, and agrees not to plead or to make, any claim that the Delaware Superior Court lacks personal jurisdiction over it, (vi) waives its right to remove any Summary Proceeding to the federal courts except where such courts are vested with sole and exclusive jurisdiction by statute and (vii) understands and agrees that it shall not seek a jury trial or punitive damages in any Summary Proceeding based upon or arising out of or otherwise related to this Note and waives any and all rights to any such jury trial or to seek punitive damages. In the event any action, suit or proceeding where the amount in controversy as to at least one party, exclusive of interest and costs, does not exceed $1,000,000 (a "Proceeding"), arising out of or relating to this Note or the breach, termination or validity thereof is brought, the parties to such Proceeding agree to make application to the Delaware Superior Court to proceed under the Summary Proceeding Rules. Until such time as such application is rejected, such Proceeding shall be treated as a Summary Proceeding and all of the foregoing provisions of this Section relating to Summary Proceedings shall apply to such Proceeding. If a Summary Proceeding is not available to resolve any dispute hereunder, the controversy or claim shall be settled by arbitration conducted on a confidential basis, under the U.S. Arbitration Act, if applicable, and t...