Basis of Claims Sample Clauses

Basis of Claims. Subject to the provisions related to the applicability of 2 CFR 200, all claims for HAVA funds under this program must be based on invoices submitted by County. All invoices or agreements that are the subject of any claims must relate directly to expenditures authorized pursuant to Paragraph D (‘Uses of Funds’) of Exhibit AScope of Work’.
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Basis of Claims. (1) The Provider may claim a payment from Te Whatu Ora if the Provider has provided the Services and Dispensed the Pharmaceuticals in accordance with:
Basis of Claims. Subject to the provisions related to the applicability of OMB Circular A-87, all claims for HAVA funds under this program must be based on invoices submitted by County. All invoices or agreements that are the subject of any claims must relate directly to expenditures authorized pursuant to Exhibit A – SOW, Paragraph E
Basis of Claims. The provisions of this Agreement constitute the sole procedure for the processing and settlement of any claim by an Employee or the Union of a violation by the Company of this Agreement. As the representative of the Employees, the Union may process complaints and grievances through the complaint and grievance procedure, including arbitration, in accordance with this Agreement or adjust or settle the same.
Basis of Claims. Claiming procedures
Basis of Claims. (1) The Provider may claim a payment from Health NZ if the Provider has provided the Services and Dispensed the Pharmaceuticals in accordance with:
Basis of Claims. (1) The Provider may claim a payment from the DHB if the Provider has provided the Services and Supplied the Pharmaceuticals in accordance with:
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Basis of Claims. On September 18, 2009, HLBE filed a Demand in the arbitration captioned Heron Lake BioEnergy, LLC, Claimant x. Xxxxx, Inc., Respondent, American Arbitration Association Case No. 65 110 J 00190 09 (the “Arbitration”). In the Arbitration, HLBE asserts breach of contract, warranty claims and other claims against Xxxxx for alleged design defects, warranty failures and other alleged problems relating to the Project (collectively, the “HLBE Claims”) and seeks to recover $22,800,000 in damages plus interest thereon, plus its costs and disbursements and reasonable attorneys’ fees (collectively, the “HLBE Claimed Damages”). On January 4, 2010, Xxxxx filed a request that ICM be joined as a party to the Arbitration, asserting that ICM was a subcontractor on the Project and performed the work that is the subject of the Arbitration, and that the Contract Documents included in the Design-Build Contract as well as contract documents between Xxxxx and ICM require ICM to defend and indemnify Xxxxx for the HLBE Claims deriving from ICM’s work. On May 14, 2010, as revised on June 3, 2010, the R-7 Arbitrator appointed to determine the joinder request ordered joinder of ICM in the Arbitration. On June 22, 2010, the Case Manager in the Arbitration confirmed the agreement of HLBE, Xxxxx, and ICM to extend the due dates for Xxxxx to file its third party demand against ICM to July 16, 2010 and for ICM answer to the third party demand to August 2, 2010, and therefore no third party demands or answers have been made in connection with the ICM joinder to the Arbitration. On January 5, 2010, Xxxxx filed an answer that denied liability for the HLBE Claims and denied responsibility for the HLBE Claimed Damages. In addition, Xxxxx asserted counterclaims against HLBE for breach of contract and unjust enrichment/quantum meruit (the “Xxxxx Claims”) and sought to recover $3,834,319.00 in retainage held by HLBE under Design-Build Contract, $2,162,236.36 in additional costs related to work and/or materials it has provided to HLBE, plus its costs and disbursements and reasonable attorneys’ fees (collectively, the “Xxxxx Claimed Damages”).

Related to Basis of Claims

  • Defense of Claims The Company shall be entitled to participate in the defense of any Indemnifiable Claim or to assume the defense thereof, with counsel reasonably satisfactory to Indemnitee; provided that if Indemnitee believes, after consultation with counsel selected by Indemnitee, that (a) the use of counsel chosen by the Company to represent Indemnitee would present such counsel with an actual or potential conflict, (b) the named parties in any such Indemnifiable Claim (including any impleaded parties) include both the Company and Indemnitee and Indemnitee shall conclude that there may be one or more legal defenses available to Indemnitee that are different from or in addition to those available to the Company, or (c) any such representation by such counsel would be precluded under the applicable standards of professional conduct then prevailing, then Indemnitee shall be entitled to retain separate counsel (but not more than one law firm plus, if applicable, local counsel in respect of any particular Indemnifiable Claim) at the Company’s expense. The Company shall not be liable to Indemnitee under this Agreement for any amounts paid in settlement of any threatened or pending Indemnifiable Claim effected without the Company’s prior written consent. The Company shall not, without the prior written consent of Indemnitee, effect any settlement of any threatened or pending Indemnifiable Claim to which Indemnitee is, or could have been, a party unless such settlement solely involves the payment of money and includes a complete and unconditional release of Indemnitee from all liability on any claims that are the subject matter of such Indemnifiable Claim. Neither the Company nor Indemnitee shall unreasonably withhold its consent to any proposed settlement; provided that Indemnitee may withhold consent to any settlement that does not provide a complete and unconditional release of Indemnitee.

  • Assertion of Claims The assertion of claims under this Limited Warranty presupposes that the Customer has (i) informed the authorized reseller/distributor of our Module(s) in writing of the alleged claim, or that; (ii) this written notification has been sent directly to HYUNDAI in the event that the authorized reseller/distributor no longer exists (e.g. due to discontinuance of business or bankruptcy). Any such assertion of claims must be accompanied by the original sales receipt as the proof of purchase and time of purchase of HYUNDAI Module(s). The assertion of the claim must occur within thirty (30) days from the date that the defects occurred. The return of Module(s) may only occur after the written authorization of HYUNDAI has been given.

  • Payment of Claims A. If advance payment of all or a portion of the Grant funds is permitted by statute or regulation, and the State agrees to provide such advance payment, advance payment shall be made only upon submission of a proper claim setting out the intended purposes of those funds. After such funds have been expended, Grantee shall provide State with a reconciliation of those expenditures. Otherwise, all payments shall be made thirty five (35) days in arrears in conformance with State fiscal policies and procedures. As required by IC § 4-13-2-14.8, all payments will be by the direct deposit by electronic funds transfer to the financial institution designated by the Grantee in writing unless a specific waiver has been obtained from the Indiana Auditor of State.

  • Settlement of Claims The Company’s obligation to make the payments provided for in this Agreement and otherwise to perform its obligations hereunder shall not be affected by any circumstances, including, without limitation, any set-off, counterclaim, recoupment, defense or other right which the Company may have against the Executive or others.

  • Waiver of Claims In the event City terminates the Agreement in accordance with the terms of this Section, Consultant hereby expressly waives any and all claims for damages or compensation as a result of such termination except as expressly provided in this Section 6.

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