5. Non-Disturbance of AINC Agreements. (a) Foreclosure Proceedings. Neither Agent nor any successor in interest to Agent will name any AINC Parties as a party in any Foreclosure action or proceeding unless such joinder is necessary to foreclose the lien of the Pledge Agreement or Security Agre...
Upon the Licensee’s payment of all costs incurred by the Government as a result of the Licensee’s joinder motion or other action, these actions by the Licensee shall not be considered a default in the performance of any material obligation under this Agreement. 12. NEGATION OF WARRANTIES ...
is not to be the sole criterion. The fact finder shall consider: the parties' respective responsibilities in requesting continuances, the parties' compliance with rules of discovery; the respective responsibilities for delay necessitated by the joinder of additional parties; and other pertinent factors...