Xxxxxxxx Claim definition

Xxxxxxxx Claim means the legal proceedings brought by the estate of Xxxxxxxxx Xxxxxxxx (deceased), in respect of the exposure of Xxxxxxxxx Xxxxxxxx to various chemicals allegedly contained in fertilizers and pesticide products, including, but not limited to, Oscmocote 18-6-12, 16-4-16, and Agriform 18-6-12, as listed in Part 2 of this Schedule 19;
Xxxxxxxx Claim means any request, demand or claim asserted by any person against the Company, whether directly or for indemnification, arising from, relating to or in connection with any Intellectual Property owned by the Xxxxx Xxxxxxx Xxxxxxxx Trust, including the matter that is the subject of the litigation pending in the U.S. District Court for the Eastern District of Texas, Xxxx Xxxxxxx, as Trustee of the Xxxxx Xxxxxxx Xxxxxxxx Trust v. ADT Security Services, Inc., et. al., Civil Action No. 2:07-cv-00282-TJW, as such matter may be amended, progress or otherwise develop.
Xxxxxxxx Claim means a claim made by Xxxxxxx Xxxx - Und Hebetecnhik Gmbh (hereinafter “Xxxxxxx”) in relation to allegedly malfunctioning wire ropes supplied by COS during the years 2008 and 2009. Concerning such claim, COS has paid expenses amounting to €90,859.00 (both in relation to payments made to Xxxxxxx and other expenses borne, amounting to €82,723.00 and €8,136.00, respectively) and subsequently claimed such amount to its insurance company under its product liability insurance policy;

Examples of Xxxxxxxx Claim in a sentence

  • Xxxxxx Xxxxxxxxx, (re force on 4/14/01)(to be refiled federal court) Claim of Xxxxxx Xxxxxx and Xxxxx Xxxxxx Claim of Xxxxxxx Xxxxxxxx Claim of Xxxx X.

  • Total number and percentage of instances in which the IRO determined that the Paid Claims submitted by Xxxxxxxx (Claim Submitted) differed from what should have been the correct claim (Correct Claim), regardless of the effect on the payment.

  • Total number and percentage of instances in which the IRO determined that the Paid Claims submitted by Xx. Xxxxxxxx (Claim Submitted) differed from what should have been the correct claim (Correct Claim), regardless of the effect on the payment.

  • Reasonable legal fees, in this section, means legal fees paid to attorneys appointed by FNEX to defend ESPERION against the Xxxxxxxx Claim, or should ESPERION select its own attorneys to make such defense, reasonable legal fees that explicitly distinguish legal expenses relating to the Xxxxxxxx Claim from all other business between ESPERION and its own attorneys.

  • The foregoing shall not apply to the extent that such Losses are due to the negligence or willful misconduct of any of the INEX Indemnities or the gross negligence or willful misconduct of any of the UBC Indemnities or are on account of or arising out of the Xxxxxxxx Claim.

  • Except with respect to the Xxxxxxxx Claim as described in Section 7.3(c), all claims for indemnification made under this Agreement resulting from, related to or arising out of a third-party claim against an Indemnified Party (a “Third Party Claim”) shall be made in accordance with the following procedures.

  • If the Indemnified Party assumes the defense of any action, suit, proceeding or claim which the Indemnifying Party is not entitled to assume pursuant to this Section 7.3(a) (other than the Xxxxxxxx Claim), such Indemnified Party shall not be entitled to agree to any settlement of any such action, suit, proceeding or claim that imposes any liability or obligation on Sellers, without the prior written consent of Sellers, not to be unreasonably withheld or delayed.

  • Seqwater and Urban Utilities must comply with the Scheme’s RWMP approved by the Regulator.

  • Praktisch überall wird nicht beachtet, dass armeedienstleistende Frauen in vollem Maße die Garantien, Vergünstigungen und Kompensationen, die durch die föderalen Gesetze und andere normative Rechtsakte zum Schutz der Familie, der Mutterschaft und der Kinder festgelegt sind, erhalten."24 Am weitesten verbreitet sind Rechtsverletzungen bezüglich der Arbeitszeiten von Frauen.

  • Notwithstanding anything contained herein to the contrary, the Company shall have exclusive control of the defense of the Xxxxxxxx Claim; provided, however, that Buyer shall cause the Company to retain counsel reasonably acceptable to MicroStrategy (it be understood and agreed that Xxxxx & Xxxxxxx LLP shall be acceptable to MicroStrategy) and shall conduct the defense of any such claim actively and diligently.


More Definitions of Xxxxxxxx Claim

Xxxxxxxx Claim means any and all legal claims against INEX, INEX' Affiliates and/or INEX Indemnitees (as defined in Section 10.1) based on the allegation that INEX misappropriated confidential information and inventions which form the basis of Hope/Rodrigueza including, without limitation, the [**] a copy of which has been provide to ESPERION. Except to the extent provided in the immediately preceding sentence, the "Xxxxxxxx Claim" shall not include the claim of Xx. Xxxxxxxx that he is a co-inventor of Hope/Rodrigueza, of which ESPERION acknowledges it was informed by INEX prior to the date of said letter.

Related to Xxxxxxxx Claim

  • 503(b)(9) Claim means a Claim or any portion thereof entitled to administrative expense priority pursuant to section 503(b)(9) of the Bankruptcy Code.

  • IPR Claim means any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of any IPR, used to provide the Services or as otherwise provided and/or licensed by the Supplier (or to which the Supplier has provided access) to the Authority in the fulfilment of its obligations under this Framework Agreement;

  • Fraud Claim means any claim based in whole or in part upon fraud, willful misconduct or intentional misrepresentation.

  • Deficiency Claim means any portion of a Claim (a) to the extent the value of the holder’s interest in Assets securing such Claim is less than the amount of such Claim or (b) to the extent the amount of a Claim is subject to setoff is less than the amount of the Claim, each as determined by § 506(a) of the Bankruptcy Code.

  • IP Claim means a Claim made against you by a third party alleging that the Stripe Technology, Services or a Stripe Mark provided to and used by you in accordance with this Agreement infringes or misappropriates the IP Rights of the third party making the Claim, excluding Claims made by Connected Accounts.

  • Deficiency Claim Amount has the meaning set forth in Section 5.5(a).

  • Secured Claim means a Claim that is secured by a Lien on property in which any of the Debtors’ Estates have an interest or that is subject to setoff under section 553 of the Bankruptcy Code, to the extent of the value of the Claim holder’s interest in such Estate’s interest in such property or to the extent of the amount subject to setoff, as applicable, as determined pursuant to section 506(a) of the Bankruptcy Code or, in the case of setoff, pursuant to section 553 of the Bankruptcy Code.

  • Infringement Claim means a third party claim alleging that the Equipment manufactured by Motorola or the Motorola Software directly infringes a United States patent or copyright.

  • D&O Claim means any right or claim of any Person against one or more of the Directors and/or Officers howsoever arising on or before the D&O Bar Date, for which the Directors and/or Officers, or any of them, are by statute liable to pay in their capacity as Directors and/or Officers or which are secured by way of any one of the Directors’ Charges;

  • Payment Claim means the claim for payment made by the Contractor in accordance with this Contract.

  • Priority Claim means a Claim that is entitled to priority in payment pursuant to section 507(a) of the Bankruptcy Code that is not an Administrative Claim or a Priority Tax Claim.

  • Tax Claim has the meaning set forth in Section 6.05.

  • DIP Claim means a Claim held by the DIP Lenders or the DIP Agent arising under or relating to the DIP Credit Agreement or the DIP Order, including any and all fees, interests paid in kind, and accrued but unpaid interest and fees arising under the DIP Credit Agreement, but, for the avoidance of doubt, excluding the First Lien Adequate Protection Claims.

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • Covered claim means the following:

  • Product Liability Claim means a Claim of a Third Party (other than a Claim arising out of use of the Product in a clinical trial) that (i) arises as a result of the use of the Product during the Term that results in personal injury or death or (ii) is in anticipation of or intended to prevent or forestall personal injury or death as a result of the use of the Product during the Term.

  • Fee Claim means a Claim for Accrued Professional Compensation.

  • Indemnity Claim has the meaning set forth in Section 8.3.

  • Urgent Care Claim means a claim for medical care or treatment where making a non-urgent care decision: (a) could seriously jeopardize the life or health of the claimant or the ability of the claimant to regain maximum function, as determined by an individual acting on behalf of the plan applying the judgment of a prudent layperson who possesses an average knowledge of health and medicine; or (b) in the opinion of a physician with knowledge of the claimant’s medical condition, would subject the claimant to severe pain that cannot be adequately managed without the care.

  • Rejection Damages Claim means any Claim on account of the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code.

  • Unsecured Claim means a Claim that is not an Administrative Claim, a Priority Tax Claim, a Priority Claim, or a Secured Claim.

  • Professional Fee Claim means a Claim by a professional seeking an award by the Bankruptcy Court of compensation for services rendered or reimbursement of expenses incurred through and including the Confirmation Date under sections 330, 331, 503(b)(2), 503(b)(3), 503(b)(4), or 503(b)(5) of the Bankruptcy Code.

  • General Unsecured Claim means any Claim that is not a/an: Administrative Claim; DIP Facility Claim; Professional Fee Claim; Priority Tax Claim; Secured Tax Claim; Other Priority Claim; Other Secured Claim; Intercompany Claim; Prepetition Debt Claim; or 510(b) Equity Claim.

  • Clean Claim means a claim that:

  • Warranty Claim means a claim for breach of any of the Warranties.

  • Claim Amount means the amount calculated in accordance with Section 6.2 of this Policy.