CLAIMS FOR DAMAGES Sample Clauses

CLAIMS FOR DAMAGES. 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his / her employees, agents or others for whose acts he / she is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.
CLAIMS FOR DAMAGES. If the CMR wishes to make a claim, whether for extra compensation, damages or other relief, by reason of any act or omission of the Owner or its agents or representative or other causes beyond the reasonable control of the CMR, the CMR shall comply with the requirements set forth below. Strict compliance with all claims submission requirements set forth below or in any other provision of the Contract Documents shall be a condition precedent to the CMR’s right to pursue any claim or to recover or prevail thereon. All time requirements set forth as claims submission requirements shall be deemed to be of the essence. Compliance with all claims submission requirements shall not, however, create any presumption of validity of any claim.
CLAIMS FOR DAMAGES. 11.3.1 If either party to this Agreement suffers injury or damage to person or property because of an act or omission of the other party, of any of the other party’s employees or agents, or of others for whose acts such party is legally liable, written notice of such injury or damage, whether or not insured, shall be given to the other party within a reasonable time not exceeding 21 days after first observance. The notice shall provide sufficient detail to enable the other party to investigate the matter. If a claim of additional cost or time related to this claim is to be asserted, it shall be filed in writing.
CLAIMS FOR DAMAGES. Should Supplier suffer injury or damage to person or property because of any act or omission of PSTA or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefore shall be made in writing to PSTA within ten (10) days after the first observance of such injury or damage, or shall be forever barred.
CLAIMS FOR DAMAGES. Any claim resulting from injury or damage to person or property because of any act or omission of the Lessee or of any of his employees, agents or others for whose acts he is legally liable, should be made in writing to the Lessee. The Lessee is responsible for settlement of all such claims. Remedies - Unless this agreement provides otherwise, all claims, counterclaims, disputes and other matters in question between the Lessor and the Lessee arising out of or relating to this agreement or its breach will be decided by arbitration if the parties mutually agree, or in a court of competent jurisdiction within the County in which the Lessor is located.
CLAIMS FOR DAMAGES. With the exception of third-party claims or impleader, no action or proceeding shall lie or be maintained by Construction Manager against Owner, Architect, Lender, if any, or Consultants upon any claim arising out of or based upon the Contract Documents or by reason of any act or omission or any requirements relating to the giving of notices or information, unless such action or proceeding shall be commenced within two (2) years after the Final Completion of the Work or, if this Agreement is earlier terminated, within two (2) years following the date of such earlier termination. This limitation shall not limit Construction Manager’s right to seek indemnification or contribution from Owner in actions commenced by third parties. This Article XXVIII shall not be deemed or construed to modify any other provision hereof relating to waivers of claims by Construction Manager. Construction Manager shall cause each Trade Contract to contain like provisions to this Article XXVIII and a provision requiring like provisions to be contained in subcontracts of any tier.
CLAIMS FOR DAMAGES. Subject to the limitations set forth in this Article VII, if any Buyer Indemnified Party believes in good faith that it has a claim for indemnification (an “Indemnity Claim”), the Buyer Indemnified Party shall, promptly after it becomes aware of such Indemnity Claim, but in any event prior to the end of the relevant survival period set forth in this Article VII, notify Seller Representative, of such Indemnity Claim by means of a written notice specifying the nature, circumstances and amount of such Indemnity Claim and setting forth with reasonable particularity the underlying facts actually known or in good faith believed by the affiant to exist sufficient to establish, as of the date of such affidavit, the basis for the Indemnity Claim and setting forth Buyer’s good faith calculation of the amount of Damages incurred by the applicable Buyer Indemnified Party with respect thereto, and including copies of all written documentation in the possession of Buyer Indemnified Parties relating to the circumstances or events giving rise to such Indemnity Claim (an “Indemnity Claim Notice”). The failure by Buyer to promptly deliver an Indemnity Claim Notice under this Section 7.7(b)(i) will not adversely affect the applicable Buyer Indemnified Party’s right to indemnification except to the extent Seller Parties are prejudiced thereby. If, by 5:00 p.m., Pacific Time (Los Angeles local time), on the twentieth (20th) Business Day following receipt by Seller Representative of an Indemnity Claim Notice (the “Dispute Period”), Buyer has not received from Seller Representative notice in writing that Seller Representative objects to the Indemnity Claim (or the amount of Damages set forth therein) asserted in such Indemnity Claim Notice (a “Dispute Notice”), as the case may be, then Buyer and Seller Representative shall, subject to available funds under the Escrow Account, jointly instruct the Escrow Agent to pay to Buyer from the Escrow Amount the amount of Damages specified in the Indemnity Claim Notice, subject to the limitations contained in this Article VII.
CLAIMS FOR DAMAGES. Should either party to this Agreement suffer injury or damage to person or property because of any act or omission of the other party or of any of its employees, agents or others for whose acts it is legally liable, a claim for damages therefor shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE SUBSTANTIVE LAWS OF THE UNITED STATES AND THE STATE OF CONNECTICUT WITHOUT REGARD TO THAT STATE’S CHOICE OF LAW PROVISIONS. ANY ACTION BROUGHT PURSUANT TO THIS AGREEMENT, IF NOT OTHERWISE RESOLVED BY ARBITRATION, SHALL BE BROUGHT IN THE STATE SUPERIOR COURT IN STAMFORD, CT, OR THE FEDERAL DISTRICT COURT IN BRIDGEPORT, CT.
CLAIMS FOR DAMAGES. Any claims by either party hereto for bodily injury or damage to personal property caused by any act or omission of the other party hereto or by any of such party's employees or agents or others for whose acts it is legally liable shall be made in writing to such other party within a reasonable time after the occurrence or first knowledge of such injury or damage.
CLAIMS FOR DAMAGES. If the Company suffers any cost, liability or loss, including but not limited to lost profits of the Company, as a result of a breach of this JV Contract by a Party, the Party in breach shall indemnify and hold the Company harmless in respect of any such cost liability or loss, including but not limited to interest paid or lost as a result thereof. If the non-breaching Party suffers any cost, liability or loss directly as a result of a breach of this contract, the Party in breach shall indemnify and hold such non-breaching Party harmless in respect of any such cost, liability or loss incurred by non-breaching Party.