Special Claim means an Outcome claim made by the Provider in exceptional circumstances, such as when a system error occurs with no work around available or when the Department cannot complete an override, which creates a new Outcome record or replaces an existing claim in the
Special Claim means any Third-Party Action that (i) involves any possibility of criminal liability or any action by any Governmental Body, (ii) seeks injunctive relief, specific performance or other equitable relief against an Indemnified Party, (iii) involves any customer of Parent, Buyer or their Subsidiaries, or (iv) involves any matter that could have a material precedential effect on an Indemnified Party.
Special Claim means a (i) Fraud Claim, (ii) Parent Claim in respect of a breach of a representation made in Section 3.4 hereof, (iii) Parent Claim in respect of a breach of a representation made in Section 3.14 hereof or (iv) Parent Claim in respect of a breach of a representation made in Section 3.28 hereof.
Examples of Special Claim in a sentence
Except with respect to any Special Claim, the Indemnifying Parties shall have the right (by notifying the Indemnified Party in writing of its intent within 20 days after receipt of the Third-Party Claim Notice) but not the obligation to control the defense of any Third-Party Action, and all reasonable fees and expenses of the Indemnifying Party’s counsel shall be borne by the Indemnifying Parties.
For Special Claims, Atlassian’s aggregate liability under this Agreement will be the lesser of: (a) two times (2x) the amounts paid to Atlassian for the Products, Support and Advisory Services giving rise to the Special Claim during the twelve (12) months preceding the first event out of which the Special Claim arose, and (b) US$5,000,000.
More Definitions of Special Claim
Special Claim has the meaning specified in Section 12.5(b).
Special Claim means any Third Person Claim that (i) involves any reasonable possibility of criminal liability or an action by any Governmental Body, in each case, primarily involving the Business (as opposed to other businesses of Xxxxxxx), (ii) seeks as a remedy the imposition of a material equitable remedy that would reasonably be expected to be binding on the Indemnified Party or (iii) if determined adversely, would likely result in the Indemnified Party(ies) bearing a majority of the reasonably foreseeable Losses and Expenses (after taking into account the limitations in this ARTICLE XII).
Special Claim means any claim by Client against CMC (including any right of Client to claim indemnification hereunder) arising out of or resulting from:
Special Claim has the meaning set forth in Section 7.2(c)(i).
Special Claim means any Third Party Claim (1) involving criminal liability or (2) in which any relief other than monetary damages is sought against the Indemnified Party.
Special Claim has the meaning set forth in Section 7.4(b).
Special Claim means any claim under the Agreement whether indemnification or otherwise based upon, arising out of or otherwise in respect of any (i) inaccuracy or omission in or any breach of any representation or warranty of any Contributing Parties contained in Section 2.8 (Taxes), Section 2.12 (Compliance with Laws; Licenses), Section 2.16 (Employee Benefit Plans), or Section 2.17 (Environment) of the Agreement or (ii) indemnification under Sections 9.1(b), 9.1(c) and 9.1(d) of the Agreement.