Assertion. 6.1.1 If a Party learns of any actual, alleged or threatened infringement by a Third Party of any of the Patent Rights, such Party shall promptly notify the other Party (subject to any contractual obligations of confidentiality the knowing Party may owe to such Third Party) and shall [***] of [***].
Assertion. The assertion by Councils in a court of competent jurisdiction that the provisions of Section 15.2 are void, invalid, or otherwise unenforceable.
Assertion. All claims under this Agreement shall be brought within one (1) year after the cause of action incurred or shall be deemed waived, if not otherwise agreed in this Agreement.
Assertion. Absent a proper and timely objection, the person so selected shall act as Independent Counsel. If such written objection is so made and substantiated, the Independent Counsel so selected may not serve as Independent Counsel unless and until such objection is withdrawn or a court has determined that such objection is without merit. If, within 20 days after the later of (i) submission by Indemnitee of a written request for indemnification pursuant to Section 10(a) hereof and (ii) the final disposition of the Proceeding, the parties have not agreed upon an Independent Counsel, either the Company or Indemnitee may petition the Delaware Court of Chancery for resolution of any objection which shall have been made by the Company or Indemnitee to the other’s selection of Independent Counsel and for the appointment as Independent Counsel of a person selected by the court or by such other person as the court shall designate, and the person with respect to whom all objections are so resolved or the person so appointed shall act as Independent Counsel under Section 10(b) hereof. Upon the due commencement of any judicial proceeding pursuant to Section 12(a) of this Agreement, the Independent Counsel shall be discharged and relieved of any further responsibility in such capacity (subject to the applicable standards of professional conduct then prevailing).
Assertion. The warranty claim for a properly registered KETTLERSPORT product must be made in text form within the warranty period. This requires the textual error message by e-mail (xxxxxxx@xxxxxxxxxxxx.xxx) or via the support service on the website xxx.xxxxxxxxxxxx.xxx (see support button at the bottom left, Support > Contact > Technical fault) or in writing to the KETTLER SPORT customer service. For processing we need your name, the serial number of the device, a detailed error description and a copy of the original purchase receipt from the KETTLER SPORT online store or the KETTLER SPORT authorized dealer. Following the textual error message, the affected KETTLER SPORT product together with a copy of the purchase receipt, which must contain the date of purchase and the product designation as well as a precise description of the error, must be submitted or sent in full to KETTLER SPORT or to one of the customer service offices listed in the operating instructions. If you send the KETTLER SPORT product independently to KETTLER SPORT or to a customer service center, you bear the transport costs and the transport risk. If it is necessary to ship the goods for inspection, make sure that the goods are not damaged during transportation by packing them securely. In case of justified warranty claims, the processing is free of costs and freight charges for you in any case. This means that KETTLER SPORT will reimburse you for the incurred postage costs against proof.
Assertion. Any claim for indemnity to which a Buyer Party is entitled must be asserted by and through Buyer, and not otherwise.
Assertion. All claims for indemnification under Section 10.1 or 10.1(b) shall be asserted and resolved as follows:
