The Claims Sample Clauses

The Claims. The claim or claims shall define the matter for which protection is sought. Claims shall be clear and concise. They shall be fully supported by the description.
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The Claims. For the purposes of this Agreement, "CLAIMS" shall mean claims with respect to any of the following: (a) breach of contract; (b) discrimination, retaliation, or constructive or wrongful discharge; (c) lost wages, lost employee benefits, physical and personal injury, stress, mental distress, or impaired reputation; (d) claims arising under the Age Discrimination in Employment Act ("ADEA"), Title VII of the Civil Rights Act, the Equal Pay Act, or any other federal, state or local laws or regulations prohibiting employment discrimination; (e) attorneys' fees or (f) any other claim arising from or relating to the Executive's employment with the Company and/or his separation from service, including claims with respect to the Severance Agreement dated May 5, 1999 between the Executive and the Company, which the Parties agree is terminated by mutual consent as of the date of the expiration of the seven-day revocation period described in Section 16.3, provided, however, that the term "Claim" shall not include any claims reserved by the Executive pursuant to Section 5.2 above.
The Claims. For the purposes of this Agreement, “Claims” mean and include, without limitation, Claims with respect to any of the following: (i) breach of contract; (ii) discrimination, retaliation, or constructive or wrongful discharge; (iii) lost wages, lost employee benefits, physical and personal injury, stress, mental distress, or impaired reputation; (iv) Claims arising under the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act, the Washington State Law Against Discrimination, Title VII of the Civil Rights Act, the Equal Pay Act, the Americans with Disabilities Act, the Family Medical Leave Act, or any other federal, state or local laws or regulations prohibiting employment discrimination; (v) attorneys’ fees; and (vi) any other Claim arising from or relating to Employee’s employment with Safeco and/or Employee’s separation from service.
The Claims. For the purposes of this Agreement, “Claims” mean and include, without limitation, Claims with respect to any of the following: (i) breach of contract; (ii) discrimination, retaliation, or constructive or wrongful discharge; (iii) lost wages, unpaid compensation under any wage claims statutes, lost employee benefits, physical and personal injury, defamation, tortuous interference with business expectancy, stress, mental distress, or impaired reputation; (iv) Claims arising under the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act, the Washington State Law Against Discrimination, Title VII of the Civil Rights Act, the Equal Pay Act, the Americans with Disabilities Act, the Family Medical Leave Act, the Employee Retirement Income Security Act, or any other federal, state or local laws or regulations prohibiting employment discrimination; (v) attorneys’ fees; and (vi) any other Claim arising from or relating to Employee’s employment with Safeco and/or Employee’s separation from service.
The Claims. 1.1 This Agreement shall cover those mining claims located in the Province of British Columbia, Canada more particularly described in Schedule A attached hereto (hereinafter called the “Claims”). (See Schedule A)
The Claims. Pursuant to that certain Purchase Agreement dated as of February 19, 2003, among CP RS Holdings (now known as Aventine), Xxxxxxxx, and XXX (the “Purchase Agreement”), Aventine acquired 100% of the then-issued and outstanding limited liability company interests of Xxxxxxxx Bio-Energy, LLC (now known as Aventine Renewable Energy, LLC). Xxxxxxxx Bio-Energy, LLC, on the date of the execution of the Purchase Agreement, owned a majority interest in NELLC, which at the time owned and operated that certain ethanol production facility located in Aurora, Nebraska (the “Aurora Plant”). Pursuant to the terms of the Purchase Agreement, Xxxxxxxx and XXX agreed to retain certain scheduled liabilities and made certain representations and warranties with respect to the assets of Xxxxxxxx Bio-Energy, LLC, including the Aurora Plant. On April 7, 2005, the District Court of Xxxxxxxx County, Nebraska, entered that certain Consent Decree in Case No. CI 05-41 (the “Aurora Consent Decree”) requiring, among other things, the implementation of an air pollution control technology plan with respect to the Aurora Plant. Claimant has asserted, under the terms of the Purchase Agreement, claims for indemnification and demands that Xxxxxxxx and XXX pay for certain costs and expenses allegedly incurred by Claimant in connection with the Aurora Plant arising from or relating to the Aurora Consent Decree, including such costs and expenses presented in that certain Aventine’s Report on Nebraska Energy LLC Consent Decree Project dated October 17, 2007 (such claims for indemnification and demands collectively, the “Aurora Consent Decree Claims”).
The Claims. 3.2 The Members Interest purchased by the Purchasers are allocated as follows:
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The Claims. The Claims shall be divided into 2 classes, and treated as follows: (a) Class I, consisting of creditors holding claims equal to $5,000 or less shall be paid 75% of the Allowed Amount (as defined in paragraph 7.1 hereof) of such claims, in cash, on the Effective Date (as defined herein); and (b) Class II, consisting of creditors holding claims in excess of $5,000, shall be paid 100% of the Allowed Amount of such claims, without interest, in semi-annual installments over 3 years, as follows: Instal l-ment Payment Date % Install- ment Payment Date % 1 Effective Date 15% 5 24 months after Effective Date 10% 2 6 months after Effective Date 7.5% 6 30 months after Effective Date 25% 3 12 months after Effective Date 7.5% 7 36 months after Effective Date 25% 4 18 months after Effective Date 10%
The Claims. The following terms shall have the respective meanings ascribed to them as follows:
The Claims. Administrator shall prepare a list of all persons who timely and properly requested exclusion from the Settlement Class (“Opt-Outs”) and shall, before the Final Approval Hearing, submit an affidavit to the Court and the Parties attesting to the accuracy of this list.
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