Asserted Claims Clause Samples
The 'Asserted Claims' clause defines which specific patent claims a party is formally alleging are infringed in a legal dispute or licensing negotiation. In practice, this clause requires the asserting party to clearly identify the particular claims from a patent or group of patents that are at issue, often by listing claim numbers or providing a detailed chart. Its core function is to ensure clarity and focus in patent litigation or licensing discussions by narrowing the scope of the dispute to only those claims that are actively being asserted, thereby preventing ambiguity and streamlining the resolution process.
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Asserted Claims. Notwithstanding the foregoing, any representation or warranty shall, to the extent that a Claim with respect thereto is timely asserted in writing on or prior to the expiration thereof, survive until a final adjudication or resolution of such Claim.
Asserted Claims. If any proceeding is commenced against Borrower in which the amount claimed is greater than $1,000,000 and such proceeding is not dismissed with prejudice with no judgment having been entered against or other relief granted against Borrower within thirty (30) days after the filing date thereof; or
Asserted Claims. There are no pending, or to the best of Symantec's knowledge, threatened governmental, judicial or adversary proceedings, hearings, arbitrations, disputes or other claims relating to, and no notice of infringement has been served upon or otherwise come to the knowledge of Symantec with respect to, ACT! 2000. The Designated Persons have no actual knowledge of any infringement by others of the current version of ACT! 2000. There are no pending, or to the actual knowledge of the Designated Persons, threatened governmental, judicial or adversary proceedings, hearings, arbitrations, disputes or other claims relating to, and no notice of infringement has been served upon or otherwise come to the
Asserted Claims. Within one hundred and twenty (120) days following the date of this Agreement, CYTEC shall provide WH with a schedule of all Insurance Claims under the Insurance Program as to which CYTEC has given notice to the affected insurance carriers prior to the date of this Agreement ("Asserted Claims"). The schedule provided shall specify for each Asserted Claim the information required by Section 2(f) to be provided by CYTEC to the Insurance Working Group with respect to CYTEC Insurance Claims. The schedule provided shall further specify whether each such Asserted Claim: (i) has been previously assigned to CYTEC, (ii) was assigned to CYTEC pursuant to Section 2(b), (iii) is or may be the subject of a Request Letter pursuant to Section 2(c), or (iv) is not described in clauses (i)-(iii).
Asserted Claims. Tenant covenants to notify Landlord, in writing within thirty (30) days, of the receipt of any letter, notice, correspondence or pleading that asserts or makes any claim against the Tenant or its agents, employees, and representatives, whether sounding in general liability or medical malpractice, arising out of or related to the operations or provision of services in the Demised Premises. Tenant further covenants to notify Landlord, in writing within five
Asserted Claims. Notwithstanding anything contained herein to the contrary, neither Seller, Shareholder nor BCBS shall be liable for any claim for breach of this Agreement or any provision contained herein, unless and until the aggregate of all such claims exceeds One Hundred Thousand and No/100 Dollars ($100,000.00), and then only to the extent of such excess over One Hundred Thousand and No/100 Dollars ($100,000.00); provided, however, that in determining whether claims asserted under this Agreement have exceeded One Hundred Thousand and No/100 Dollars ($100,000.00) (the "Calculation"), claims asserted against Seller and/or Shareholder pursuant to Article VIII of the Asset Purchase Agreement shall be included in the Calculation. The parties hereto specifically acknowledge and agree that (i) the parties hereto shall be subject to the arbitration provisions contained in Section 8.5 to the Asset Purchase Agreement with respect to disputes under this Agreement, and (ii) that, other than Section 8.5 to the Asset Purchase Agreement, no other provision of Article VIII of the Asset Purchase Agreement shall be applicable with respect to a breach hereunder.
Asserted Claims. No Person shall have made or threatened any claim asserting that such Person (a) may be the holder or the beneficial owner of, or may have the right to acquire or to obtain beneficial ownership of, any capital stock or other securities of the Target, or (b) may be entitled to all or any portion of the Purchase Price.