Losing Party definition

Losing Party has the meaning set forth in Section 31.01 for use in that Section.
Losing Party has the meaning set forth in Section 1.7(d).

Examples of Losing Party in a sentence

  • If more than one party constitutes the Losing Party, as determined by the arbitrator, all such parties shall be jointly and severally liable for all costs and expenses of mediation and/or arbitration.

  • In any arbitration, all of the reasonable costs and expenses of the successful party ("Successful Party") (including reasonable attorneys' fees and expenses), all fees and expenses of experts retained by the Successful Party and all costs of the arbitrator shall be borne by the losing party ("Losing Party") in such arbitration.

  • Complete the Small Claims Post-Judgment Motion/Order Requiring Losing Party to Answer Interrogatories form (AOC-198).

  • Conditions for the positivity of Wigner functions defined by pure states are given by Hudson (1974); see Bro¨cker & Werner (1995) for the case of mixed states.217 In other words, WΨ is the Weyl symbol of the projection operator [Ψ].

  • The arbitrator's award or opinion shall identify by name the party or parties who shall not have prevailed in the arbitration (the "Losing Party").

  • Direct Payment from Principal Any party who acts as the principal (“Principal”) of the Losing Party may now be compelled to make direct payment to the Winning Party of the amounts due under an adjudication decision pursuant to section 30of the Act.

  • In those instances where discipline has been grieved and the decision by the arbitrator/personnel board revises the level of discipline, the losing party shall be determined as follows: Discipline Provided Arbitrator/Board Decision Losing Party Discharge/Termination Discharge/Demotion or Suspension, Reinstatement without back pay.

  • It Is Not an “Unfair Surprise” to the Party that Prevailed at Summary Judgment if the Losing Party Appealed the Order Without a Rule 50 Motion Late in the Proceedings.Some argue that it would be overly prejudicial and unfair to a party that succeeded in having a summary judgment motion denied to then see the issue revived on appeal “without notice” if a Rule 50 motion is not required at the close of trial.

  • Where there is a chain of supply from the End User to the LCP, every affected party in the Losing Party Supply chain must complete the following action:- • Validate the Letter of Authorisation completed by its customer.

  • The "Losing Party" and the "Successful Party" shall be determined by the arbitrator based on the relative success or failure of each party to such arbitration.

Related to Losing Party

  • Opposing Party means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Xxxxxxxx has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Xxxxxx’s judgment, could result in forfeiture of the Property or other material impairment of Xxxxxx’s interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Xxxxxx’s judgment, precludes forfeiture of the Property or other material impairment of Xxxxxx’s interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Xxxxxx’s interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2.

  • Aggrieved party means a party entitled to pursue a remedy.

  • Initiating Party means a party who gives notice under section 2 of this Schedule;

  • injured party means any person entitled to claim compensation in respect of any loss or injury caused by a vehicle;

  • Disclosing Party means the Party disclosing Confidential Information to the Receiving Party.

  • Consenting Party means a Party who agrees to participate in and pay its share of the cost of an Exclusive Operation.

  • Filing Party has the meaning set forth in Section 6.12(b).

  • Aggrieved person is the person or persons making the claim.

  • Defending Party has the meaning set forth in Section 14.2.3.

  • Performing Party As defined in Section 11.12.

  • Prosecuting Party has the meaning set forth in Section 6.2(c).

  • Terminating Party As defined in Section 7.1(f).

  • Settling Party means any one of, and “Settling Parties” means all of, the parties to the Stipulation, namely Defendants and Plaintiffs (on behalf of themselves and the Settlement Class).

  • Receiving Party means a Party receiving confidential or proprietary information from the Disclosing Party.

  • Notifying Party As defined in Section 3.01(i).

  • Responding Party shall have the meaning set forth in Section 12.2 hereof.

  • Billing Party means the Party rendering a bill.

  • Party or “Parties” has the meaning set forth in the Preamble.

  • Assisting Party means a party that provides assistance pursuant to this Agreement during an emergency or disaster.

  • Participating Party means an enterprise or public body that has committed itself to reaching certain objectives under a voluntary agreement, or is covered by a national regulatory policy instrument;

  • complaining Party means any Party that requests the establishment of an arbitration panel under Article 3.28 (Initiation of Arbitration Procedure);

  • Enforcing Party In connection with any Repurchase Request, (i) in the event one or more Requesting Certificateholders or Consultation Requesting Certificateholders has delivered a Final Dispute Resolution Election Notice with respect thereto pursuant to Section 2.03(g) of this Agreement, with respect to the mediation or arbitration that arises out of such Final Dispute Resolution Election Notice, such Requesting Certificateholder(s) and/or Consultation Requesting Certificateholder(s), or (ii) in all other cases, the Enforcing Servicer.

  • Non-Breaching Party has the meaning set forth in Section 12.2.1.

  • Breaching Party has the meaning set forth in Section 12.2.

  • Independent Third Party means any Person who, immediately prior to a contemplated transaction, does not own in excess of 5% of the Company’s Common Units on a fully-diluted basis (a “5% Owner”), who is not controlling, controlled by or under common control with any such 5% Owner and who is not the spouse or descendant (by birth or adoption) of any such 5% Owner or a trust for the benefit of such 5% Owner and/or such other Persons.

  • Providing Party has the meaning set forth in Section 11.