Litigation Action definition
Examples of Litigation Action in a sentence
Each Party Hereby Knowingly, Voluntarily And Intentionally Waives Any Right To A Trial By Jury In Any Litigation, Action Or Proceeding Based On, Arising Out Of, Under Or In Connection With This Agreement, The Rules Or Any Course Of Conduct, Statements Or Actions Of Any Party With Respect Hereto.
Nothing in this section will prevent either CONSOL Energy or GasCo from commencing Litigation seeking injunctive or similar relief if any delay could result in irreparable injury to either CONSOL Energy or GasCo. In the event that such Litigation seeking injunction or similar relief is initiated (the “Litigation Action”), mediation as set forth in this section shall nevertheless proceed concurrently with the Litigation Action.
The Litigation Action shall be limited to seeking preliminary relief.
The Parties agree that they are solely responsible for their own attorneys’ fees, costs and expenses incurred in connection with the Mortgage Insurance Dispute, the Arbitration Action, the Litigation Action or dispute resolution pursuant to Section 11 (except as expressly provided otherwise in Section 11) and the execution, delivery and implementation of this Settlement Agreement.
To the extent that the Litigation Action and the Arbitration Action are dismissed with prejudice with respect to certain Covered Loans, such Covered Loans shall be subject to the ADR Procedure as and to the extent set forth in Section 11(b) and any Dispute with respect to such Covered Loans shall be resolved as and to the extent set forth in Section 11(c).
Schedule 6.16(b) Specified Litigation Action --------------------------- The Action filed in the United States District Court For the District of New Jersey (No. 03 CV 2631 (SRC)) captioned ▇▇▇▇▇ ▇▇▇▇▇ and ▇▇▇▇▇▇ ▇▇▇▇▇, derivatively and on behalf of Merck & Co., Inc.
Upon entry of an Order by the United States Bankruptcy Court dismissing the ▇▇▇▇▇▇ Bankruptcy Case with prejudice, ▇▇▇▇▇▇▇▇▇▇, by counsel, will sign and file a Notice and Stipulation of Voluntary Dismissal With Prejudice pursuant to Rule 41 of the Federal Rules of Civil Procedure, dismissing the IPA Litigation Action with prejudice.
TCPA Litigation Action ; (ii) are not and shall not be deemed to be, and may not be used as, an admission or evidence of any fault or omission on the part of Defendants in any civil, criminal or administrative proceeding in any court, arbitration forum, administrative agency or other tribunal; and, (iii) are not and shall not be deemed to be and may not be used as an admission of the appropriateness of these or similar claims for class certification.
If the OCI Consent is not obtained within the time specified in Section 4(a)(i) and/or the Other Consents are not obtained within the time and in the amounts specified in Sections 4 and/or 5, there shall be no dismissals of the Litigation Action or the Arbitration Action pursuant to this Settlement Agreement, and this Settlement Agreement may be terminated as provided in Sections 4 and/or 5.
TCPA Litigation Action is properly brought on a class or representative basis, or that the class may be certified in those actions, other than for settlement purposes.