Disputes and Interpleader. (a) Escrow Agent may submit any dispute under this Escrow Agreement to any court of competent jurisdiction in an interpleader or similar action other than a matter submitted to arbitration after Escrow Agent's receipt of an Objection Notice under Section 4 above and the parties under this Escrow Agreement submit the matter to such arbitration as described in Section 4 of this Escrow Agreement. Any and all costs incurred by Escrow Agent in connection therewith, including reasonable attorneys' fees and costs, shall be borne 50% by each of Registry Operator and ICANN.
Disputes and Interpleader. 8.1 In the event of any dispute between the Joint Venturers and Alya or any third party claiming beneficiary status under this Agreement, Security Agent may submit this matter to any court of competent jurisdiction in an interpleader or similar action. Any and all costs incurred by Security Agent in connection therewith shall be borne by the party seeking a copy of the Software deposited with Security Agent. Without limiting the generality of the foregoing, if Security Agent shall be uncertain as to its duties or rights hereunder, shall receive any notice, advice, schedule, report, certificate, direction or other document from any person or entity with respect to the Software, that in the opinion of the Security Agent, in its sole discretion, is in conflict with any provisions of this Agreement, or shall be advised that a dispute has arisen with respect to the ownership or right of possession of the Software or any part thereof, Security Agent shall be entitled, without liability to anyone, to refrain from taking any action other than to exercise best efforts to keep safe the Software until Security Agent shall be directed otherwise in writing by an order, decree, or judgment of a court of competent jurisdiction that is then finally affirmed on appeal or that by the lapse of time or otherwise is no longer subject to appeal; but Security Agent shall be under no duty to institute or defend any such proceeding.
Disputes and Interpleader. (a) In the event of any dispute between any of Fort Xxxx, Producer and/or any Licensee relating to delivery of the Deposit Materials by Fort Xxxx or to any other matter arising out of this Agreement, Fort Xxxx may submit the matter to any court of competent jurisdiction in an interpleader or similar action. Any and all costs incurred by Fort Xxxx in connection therewith, including reasonable attorneys' fees and costs, shall be borne by the party seeking the copy of the Deposit Materials.
Disputes and Interpleader. (a) Fort Xxxx may submit the matter to any court of competent jurisdiction in an interpleader or similar action other than a matter submitted to arbitration after Fort Xxxx'x receipt of an Objection Notice under Section 4 and the parties under this Agreement submit the matter to such arbitration as described in Section 4 of this Agreement. Any and all costs incurred by Fort Xxxx in connection therewith, including reasonable attorneys' fees and costs, shall be borne 50% by each of Producer and Licensee.
Disputes and Interpleader. In the event of any dispute between Supplier and CA claiming beneficiary status under this Agreement relating to the delivery of a copy of the Source Code Copy by the Custodian or to any other matter covered by this Agreement, the Custodian may submit this matter to any court of competent jurisdiction in an interpleader or similar action. Any and all costs incurred by the Custodian in connection therewith shall be borne equally by Supplier and CA.
Disputes and Interpleader. 6.1 Escrow Agent may submit any dispute under this Agreement (other than a matter submitted by the parties as described in Section 4 of this Agreement after Escrow Agent's receipt of a ViryaNet Objection Notice and/or ClickSoftware Objection Notice, as applicable) to any court of competent jurisdiction in an interpleader or similar action.
Disputes and Interpleader. In the event of any dispute between any of Depositor, Primary Beneficiary and/or Agent relating to the delivery of the Deposit Materials by Agent or to any other matter arising out of this Agreement, Agent may submit the matter to any court of competent jurisdiction in an interpleader or similar action. Any and all costs incurred by Agent in connection therewith, including reasonable attorneys' fees and costs, shall be borne 50% by each of Depositor and Preferred Beneficiary.
Disputes and Interpleader. In the event of any dispute between [PURCHASER] and Alya or any third party claiming beneficiary status under this Agreement, Security Agent may submit this matter to any court of competent jurisdiction in an interpleader or similar action. Any and all costs incurred by Security Agent in connection therewith shall be borne by the party seeking a copy of the Software deposited with Security Agent. Without limiting the generality of the foregoing, if Security Agent shall be uncertain as to its duties or rights hereunder, shall receive any notice, advice, schedule, report, certificate, direction or other document from any person or entity with respect to the Software, that in the opinion of the Security Agent, in its sole discretion, is in conflict with any provisions of this Agreement, or shall be advised that a dispute has arisen with respect to the ownership or right of possession of the Software or any part thereof, Security Agent shall be entitled, without liability to anyone, to refrain from taking any action other than to exercise best efforts to keep safely the Software until Security Agent shall be directed otherwise in writing by an order, decree, or judgment of a court of competent jurisdiction that is then finally affirmed on appeal or that by the lapse of time or otherwise is no longer subject to appeal; but Security Agent shall be under no duty to institute or defend any such proceeding. No Conflict Alya and [PURCHASER] acknowledge that (a) the Security Agent or its partners, employees, agents or associates have provided counsel to [PURCHASER] in connection with the transactions contemplated by the Purchase Agreement; (b) the duties of the Security Agent hereunder are purely mechanical; and (c) the Security Agent is acting hereunder for the convenience of Alya and [PURCHASER]and shall not be impeachable or accountable because of any conflicting or potentially conflicting duty to [PURCHASER] or any advice provided to him.
Disputes and Interpleader. In the event of any dispute between any of ------------------------- the parties hereto relating to delivery of the Escrowed Property by Escrow Agent or to any other matter arising out of this Escrow Agreement, Escrow Agent may submit the matter to a court of competent jurisdiction in the State of New York in an interpleader or similar action. Escrow Agent shall perform any acts ordered by any court of competent jurisdiction, without any liability or obligation to any party hereunder by reason of such act.
Disputes and Interpleader. (a) In the event of any dispute between any of Fort Knox, Xxoducer and/or Licensee relating to delivery of the Deposit Materials by Fort Knox or to any other matter arising out of this Agreement, Fort Knox xxx submit the matter to any court of competent jurisdiction in an interpleader or similar action. Any and all costs incurred by Fort Knox xx connection therewith, including reasonable attorneys' fees and costs, shall be borne 50% by each of Producer and Licensee.
