Declaratory Judgment Action definition
Examples of Declaratory Judgment Action in a sentence
If any Patent included in the Spark IP is implicated by the Third Party Infringement, Declaratory Judgment Action or Third Party Challenge, Spark shall have the sole right (but not the obligation) to undertake an Enforcement Action as to such Patent, at its sole expense.
If any Selecta Background Patent is implicated by the Third Party Infringement, Declaratory Judgment Action or Third Party Challenge, Selecta shall have the sole right (but not the obligation) to undertake an Enforcement Action as to such Selecta Background Patent, at its sole expense.
This Agreement is intended to be and is a compromise between the Parties and shall not be construed as an admission of coverage (or lack thereof) under the Subject Insurance Policies nor shall this Agreement or any provision hereof be construed as a waiver, modification or retraction of the positions of the Parties with respect to the interpretation and application of the policies that are the subject of the Declaratory Judgment Action.
Following execution of this Agreement and within two (2) days after GATX receives the payments provided for in Paragraph 2 above, GATX and London Market Insurers shall be obliged to make all appropriate filings and appearances to dismiss, with prejudice, their claims in the Declaratory Judgment Action, with the Parties to bear their own costs, expenses and attorneys’ fees.
If Spark does not undertake such an Enforcement Action within [***] after Selecta has notified Spark of the Third Party Infringement, Declaratory Judgment Action or Third Party Challenge and requested that Spark bring such Enforcement Action, then Selecta shall have the right to bring such Enforcement Action, at its sole expense.
With the exception of the Declaratory Judgment Action, there are no actions, suits, proceedings or claims pending or (to MIOA's knowledge) threatened against MIOA which, if determined adversely to MIOA, would prevent or delay the consummation of any of the transactions contemplated by this Agreement.
The Parties acknowledge that the fourteen (14) affordable housing units are included in the Borough’s Housing Element and Fair Share Plan approved by the Superior Court in the Borough’s Declaratory Judgment Action, and that the credits will be applied against the Borough's Gap (1999-2015) and Prospective Need (2015-2025) obligations in compliance with the attached Order and Settlement Agreement (Exhibit E).
Voge▇, ▇▇am▇▇▇▇▇▇▇ ▇▇▇ Wall▇▇▇ ▇▇ hereby agree to execute and consent to the entry of the judgment in the form attached hereto as Exhibit A, pursuant to which (a) PowerTel will be deemed to own 100.0% of the issued and outstanding Common Stock of VivaTel, and (b) the United States Bankruptcy Court for the District of Nevada pursuant to Sect▇▇▇ ▇▇▇ ▇▇ ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇kruptcy Code and Rule 9018(2) of the Federal Rules of Bankruptcy Procedure shall seal all documents in the Declaratory Judgment Action.
The prevailing party in each Declaratory Judgment Action, upon a final decision of the Declaratory Judgment Action by the court, shall have the right to recover from the other party all out-of-pocket costs, including reasonable attorneys' fees resulting from such Declaratory Judgment Action and any direct damages suffered by such prevailing party.
After payment of the Settlement Amount and entry of the Approval Order, the Parties agree that the following lawsuits will be dismissed with prejudice: (a) the Oaktree Lawsuit, (b) the M▇▇▇▇▇ Trust Lawsuit, (c) the Declaratory Judgment Action, and (d) the Inside Directors Lawsuit.