Claim, Defined Clause Samples
Claim, Defined. A “Claim” consists of actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, reasonable attorney’s and consultants’ fees and causes of action to property or persons, including personal injury and/or death, except that:
(1) If the Contract is a contract for design professional services under Civ. Code, § 2782.8, a “Claim” shall be limited to those that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor; and
(2) If the Contract is a construction contract with a public agency under Civ. Code, § 2782, a “Claim” shall exclude any loss to the extent that such loss arises from the active negligence, sole negligence, or willful misconduct of the Indemnified Parties or defects in design furnished by those persons.
Claim, Defined. The term “Claim” as used herein shall mean any and all demands made by one party hereunder against the other party, whether such demand be for money, time or the assertion of any right or obligation that arises out of the Contract Documents.
Claim, Defined. A “Claim” consists of actions, assessments, counts, citations, claims, costs, damages, demands, judgments, liabilities (legal, administrative or otherwise), losses, notices, expenses, fines, penalties, proceedings, responsibilities, violations, reasonable attorney’s and consultants’ fees and causes of action to property or persons, including personal injury and/or death.
Claim, Defined. As used herein, “Claim” means a separate demand by Contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:
Claim, Defined. For purposes of this section, “Claims” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested, for one of the following: a time extension for relief from penalties for delay; payment of money or damages for Work done by or for Contractor and payment for which is not otherwise expressly provided; or payment disputed by the District. By way of example, demands or claims for indemnity or Lease Payments are not “Claims.”