complaining Party means any Party that requests the establishment of an arbitration panel under Article 3.28 (Initiation of Arbitration Procedure);
Discovery means the finding, during Petroleum Operations, of a deposit of Petroleum not previously known to have existed, which can be recovered at the surface in a flow measurable by conventional petroleum industry testing methods.
Breach means the acquisition, Access, Use or Disclosure of Protected Health Information (PHI) which compromises the Security or privacy of the PHI, except as excluded in the definition of Breach in 45 CFR § 164.402.
Party or “Parties” has the meaning set forth in the Preamble.
Breaching Party has the meaning set forth in Section 12.2.
Discover, Discovery means the first day on which a Breach becomes known to Contractor, or, by exercising reasonable diligence would have been known to Contractor.
Discover or "discovered" means the time when you first become aware of facts which would cause a reasonable person to assume that a loss of a type covered by this insurance has been or will be incurred, regardless of when the act or acts causing or contributing to such loss occurred, even though the exact amount or details of loss may not then be known.
Breach Notice has the meaning specified in Section 8.2(a);
Claim Notice has the meaning set forth in Section 8.4(a).
Serious Breach means any breach defined as a Serious Breach in the Agreement or any breach or breaches which adversely, materially or substantially affect the performance or delivery of the Services or compliance with the terms and conditions of the Agreement or the provision of a safe, healthy and supportive learning environment or a breach of security that adversely affects the Personal Data or privacy of an individual. Failure to comply with Law, or actions or omissions by the Provider that endanger the Health or Safety of Learners, Provider Personnel, and all other persons including members of the public would constitute a Serious Breach;
Allegation means any written or oral statement or other indication of possible scholarly misconduct made to an institutional official.
Direct Claim has the meaning set forth in Section 8.05(c).
Nonconformity or “Nonconformities” means any failure or failures of the Software to conform to the requirements of this Contract, including any applicable Documentation.
Discloser means a party to this Agreement when the party is providing or disclosing Confidential Information to the other party.
Harm means ill-treatment or the impairment of health or development, including for example, impairment suffered from seeing or hearing the ill-treatment of another;
Material Defect As defined in Section 2.02(c) hereof.
Rectification Notice means a notice in writing that identifies a defect in a work and requires rectification of the defect within a specified period of time.
Learner means any third party including any student, apprentice (under an Apprenticeship), trainee or similar to whom the Provider is required to deliver any of the Services;
Non-Breaching Party has the meaning set forth in Section 12.2.1.
Intentional Breach means, with respect to any representation, warranty, agreement or covenant, an action or omission taken or omitted to be taken that the breaching party intentionally takes (or intentionally fails to take) and knows (or reasonably should have known) would, or would reasonably be expected to, cause a material breach of such representation, warranty, agreement or covenant.
Publishing Party has the meaning set forth in Section 12.5.3.
Notice of Breach means a written notice delivered to the other party within the time period required under the definition of “Cause” or “Good Reason,” as applicable, that (a) indicates, as applicable, the specific provision in this Agreement that the party contends the other party has breached or the specific clause of the definition of “Cause” or “Good Reason” that the party alleges to exist, and (b) to the extent applicable, sets forth in reasonable detail the facts and circumstances Executive or the Company, as applicable, claims provide the basis for such breach or other condition.
Notifying Party As defined in Section 3.01(i).
injured party means any person entitled to claim compensation in respect of any loss or injury caused by a vehicle;
Data Breach means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Data transmitted, stored or otherwise processed.
Data Breaches Party shall report to AHS, though its Chief Information Officer (CIO), any impermissible use or disclosure that compromises the security, confidentiality or privacy of any form of protected personal information identified above within 24 hours of the discovery of the breach. Party shall in addition comply with any other data breach notification requirements required under federal or state law.