Focused Action definition
Examples of Focused Action in a sentence
Borrower will furnish Lender, promptly upon executing this Agreement and upon issuance, with true copies of all licenses, approvals, certificates, and permits required or issued by all applicable governmental authorities and necessary for the lawful use, operation and development of the Premises.
In the event that Angiotech elects, in its sole discretion, to undertake such a Focused Action, CABG agrees to reasonably cooperate with Angiotech, including providing access to all necessary documents, executing all papers and performing such other acts as may be reasonably required for such Focused Action, including but not limited to consenting to be joined as a Party plaintiff in such Focused Action.
Angiotech shall keep CABG reasonably apprised of the progress of any such Focused Action.
Angiotech shall control such Focused Action, and Angiotech may enter into settlements, stipulated judgments or other arrangements respecting such infringement, provided, however, Angiotech shall reasonably consider the interests of CABG and shall not settle or make any agreement that would have a material adverse effect on CABG’s rights under this Agreement, without the prior written consent of CABG.
In any Focused Action or Declined Action pursuant to this Section 7.4, any damages or other recovery, including compensatory and other non-compensatory damages or recovery actually received from a third party, shall be allocated first to reimburse the costs and expenses, including reasonable attorney’s fees and expert witness fees, of the Party commencing such Focused or Declined Action and then to reimburse the other Party, if any, for such costs and expenses.