Personal Claim Sample Clauses
A Personal Claim clause establishes the right of an individual party to assert a claim for losses, damages, or entitlements arising from the agreement. Typically, this clause outlines the circumstances under which a party may bring a claim in their own name, such as for breach of contract or personal injury, and may specify any limitations or procedures for making such claims. Its core function is to clarify the ability of individuals to seek remedies directly, ensuring that personal rights and interests are protected and that parties have a clear avenue for recourse if harmed.
Personal Claim. In the event of a Personal Claim, the party from whom indemnification is sought (“Indemnifying Party”) shall, within thirty (30) days after the receipt of the claim for indemnification, send written notice to the party seeking indemnification (“Indemnified Party”) indicating whether the claim is disputed. If the claim is disputed, the Indemnifying Party shall submit the matter to arbitration in order to determine if it is a Proper Claim and, if it is a Proper Claim, to determine the amount of such claim. To the extent that the arbitrator(s) rules that a Personal Claim is a Proper Claim and/or to the extent that a Personal Claim is not disputed, the Indemnifying Party shall promptly indemnify the Indemnified Party in accordance with Article VII.
Personal Claim. In the event of a Personal Claim, the party from whom indemnification is sought ("Indemnifying Party") shall, within thirty (30) days of the receipt of the claim for indemnification, send written notice to the party seeking indemnification ("Indemnified Party") indicating whether the claim is disputed. If the claim is disputed, the Indemnifying Party shall submit the matter to arbitration in order to determine if it is a Proper Claim and, if it is a Proper Claim, to determine the amount of such claim. To the extent that the arbitrator(s) rules that a Personal Claim is a Proper Claim and/or to the extent that a Personal Claim is not disputed, the Indemnifying Party shall promptly indemnify the Indemnified Party in accordance with this Article XI. Notwithstanding the foregoing, the Indemnifying Party will not be entitled to assume control of the defense of any such claim if:
(i) the Indemnified Party reasonably believes that an adverse determination of such proceeding could be Materially detrimental to or injure the Indemnified Party's reputation or future business prospects;
(ii) the Indemnified Party reasonably believes that there exists or could arise a conflict of interest which, under applicable principles of legal ethics, could prohibit a single legal counsel from representing both the Indemnified Party and the Indemnifying Party in such proceeding; or
(iii) a court of competent jurisdiction rules that the Indemnifying Party has failed or is failing to prosecute or defend vigorously such claim.
Personal Claim. In the event of a Personal Claim, the party from whom indemnification is sought --------------- ("INDEMNIFYING PARTY") shall, within thirty (30) days after the receipt of the claim for INDEMNIFICATION, SEND WRITTEN NOTICE TO THE PARTY SEEKING INDEMNIFICATION ("INDEMNIFIED PARTY") indicating whether the claim is disputed. If the claim is disputed, the Indemnifying Party shall submit the matter to arbitration in order to determine if it is a Proper Claim and, if it is a Proper Claim, to determine the amount of such claim. To the extent that the arbitrator(s) rules that a Personal Claim is a Proper Claim and/or to the extent that a Personal Claim is not disputed, the Indemnifying Party shall promptly indemnify the Indemnified Party in accordance with Article VI.