Claims and Judgments. Within twenty (20) days of the respondent’s receipt of the claimant’s notice of arbitration and statement of claim, the respondent shall serve the claimant with its statement of defense and any counterclaims. Within twenty (20) days of claimant’s receipt of the respondent’s statement of defense and counterclaims, the claimant shall serve its statement of defense to any counterclaims or set-offs asserted by the respondent. The tribunal shall permit and facilitate such prehearing discovery and exchange of documents and information to which the parties in writing agree or which it determines is relevant to the dispute between the parties as is appropriate taking into account the needs of the parties and the desirability of making discovery expeditious and cost-effective. All discovery shall be completed within forty-five (45) days from the date on which the respondent communicates its statement of defense and counterclaims, if any, to the claimant. The hearing shall be held no later than ninety (90) days following the selection of the presiding arbitrator. Any arbitration award shall be rendered in U.S. dollars, with appropriate interest as determined by the tribunal. Judgment on any award shall be entered in any court having jurisdiction thereof.
Claims and Judgments. The actual cost of attorneys’ fees, costs, settlements, and/or judgments incurred in connection with any litigation, claims or disputes (except for such matters solely between Owner and Operator) arising out of or in connection with the performance of this Agreement, (including the performance of the Services on real property of or to which Owner does not have sole right, title and possession), except (A) those expenses, fines and penalties resulting from Operator’s negligent acts or omissions or its operation of the Facility or performance of the Services in a manner in violation of this Agreement or any Law or Governmental Requirement in each case in an amount not to exceed (when added with the amount of all other damages subject to Section 7.4) the limitation of liability set forth in Section 7.4, (B) those expenses, fines and penalties resulting from Operator’s gross negligence or willful misconduct (done with an intent to harm) and (C) fees, costs, settlements, and/or judgments for which Operator is reimbursed by proceeds of insurance provided pursuant to Section 11.1 of this Agreement. Costs enumerated in this Section 5.1(b)(xii) shall be reimbursed or paid by Owner pursuant to this Article V and shall not be included for purposes of determining whether expenditures are more than ***** in excess of the aggregate amount of the Budget or the relevant Major Line Item, if applicable;
Claims and Judgments. The actual cost of attorneys’ fees, costs, settlements, and/or judgments incurred in connection with any litigation, claims or disputes arising out of or in connection with the ownership and operation of the Facilities, except (A) those expenses, fines and penalties resulting from CG&E’s negligent acts or omissions or its operation of the Facilities in a manner in violation of this Agreement or any law, or government regulation, order or consent decree, (B) those expenses, fines and penalties resulting from CG&E’s gross negligence or willful misconduct, and (C) fees, costs, settlements, and/or judgments for which CG&E is reimbursed by proceeds of insurance;
Claims and Judgments. To the knowledge of AdvEn, there is not presently outstanding against AdvEn any judgment, decree, injunction, rule or order of any court, Government Authority, commission, agency, instrumentality or arbitrator and there are no claims, actions, suits or proceedings, having or reasonably capable of having a Material Adverse Effect or Material Adverse Change, outstanding, pending or, to the best knowledge of AdvEn, threatened by or against or affecting AdvEn at law or in equity or before or by any federal, provincial, municipal or other Governmental Authority, commission, board, bureau, agency or instrumentality.
Claims and Judgments. To the knowledge of Nano, there is not presently outstanding against Nano any judgment, decree, injunction, rule or order of any court, Government Authority, commission, agency, instrumentality or arbitrator and there are no claims, actions, suits or proceedings, having or reasonably capable of having a Material Adverse Effect or Material Adverse Change, outstanding, pending or, to the best knowledge of Nano, threatened by or against or affecting Nano at law or in equity or before or by any federal, provincial, municipal or other Governmental Authority, commission, board, bureau, agency or instrumentality.
Claims and Judgments. Within twenty (20) days of the respondent’s receipt of the claimant’s notice of arbitration and statement of claim, the respondent shall serve the claimant with its statement of defense and any counterclaims. Within twenty
