Claims for Relief Sample Clauses

Claims for Relief a. If due to a Force Majeure Event the Affected Party is prevented in whole or in part from carrying out its obligations under this Insurance Contract, the Affected Party shall notify the other Party accordingly (Force Majeure Notice).
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Claims for Relief. (a) If a Party is prevented in whole or in part from carrying out its obligations under this Agreement as a result of a Force Majeure Event, it must as soon as practicable notify the other Parties accordingly.
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Claims for Relief. This matter was initiated in October 2013 by Plaintiffs Xxxxxxxxx Xxxxxx and Xxxxx Xxxxxx ("Plaintiffs") residents of Hidden Valley, a subdivision in Amherst Township, Ohio ("Hidden Valley"), who use the City's sewer services. Plaintiffs ultimately filed a Second Amended Complaint on March 18, 2015, which Complaint challenges the sewer rates and fees imposed upon Plaintiffs as a result of the City passing Lorain Codified Ordinance ("Ord.") 913.305 on September 17, 2012. Specifically, Plaintiffs' Second Amended Complaint asserts four claims against the City: Count I – Breach of Contract – Xxxxxxx Agreement; Count II – Breach of Contract – 1976 County Agreement; Count III – Declaratory Relief; and Count IV – Violation of R.C. 729.49. In support of their claims, Plaintiffs cite to an agreement entered into in 1974 (and its two subsequent extensions entered into in 1975 and 1979, respectively) between the City and the developer of Hidden Valley, Xxxxxx X. Xxxxxxx ("Xx. Xxxxxxx") for the provision of water and sewer services (collectively, the "Xxxxxxx Agreement"). Plaintiffs contend that they are not bound by Ord. 913.305 (setting rates for outside-City sewer rental users) because the Xxxxxxx Agreement set a separate sewer rate for Hidden Valley sewer users. Plaintiffs argue that the City has breached the Xxxxxxx Agreement as a result of charging Plaintiffs pursuant to the September 17, 2012 amendment to Ord. 913.305. As an alternative theory to liability, Plaintiffs cite to a July 28, 1976 Agreement between the City and Lorain County, Ohio ("1976 County Agreement") to support their allegations that the City set unreasonable sewer rates. According to Plaintiffs, the City agreed to accept and receive the sanitary sewage and waste originating in the Lorain Amherst Regional Sewer System ("System"). Plaintiffs assert that the sewer rates imposed upon Plaintiffs under the 1976 County Agreement do not comply with the contract's required rate methodologies. As a result, Plaintiffs allege the City's enforcement of Ord. 913.305 constitutes a breach of the 1976 County Agreement. The City has, and has asserted, defenses to each of the above-mentioned Plaintiffs' contentions. For example, the City contends that Plaintiffs are not intended third-party beneficiaries to the Xxxxxxx Agreement and, therefore, lack standing to bring a breach of contract claim based on this agreement. Even if Plaintiffs were to establish that they are third-party beneficiaries to the Xxxxxxx Agr...
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Claims for Relief. The Team’s contractual claims, whether for money or other relief, shall be submitted in writing to the County Administrator or designee no later than 60 days after the final payment; however, written notice of the Team’s intention to file such a claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude the Team from submission of an invoice for final payment within a certain amount of time after completion and acceptance of the Services. Pendency of claims shall not delay payment of amounts agreed due in the invoice for final payment.
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Claims for Relief. All claims by the Company for Relief have been properly made and have been accepted as valid by a Tax Authority, and no Relief has been claimed or given to the Company, or taken into account in determining the provision for Tax in the Balance Sheet, which could be withdrawn, postponed or restricted as a result of entering into the Main Agreement or Closing.
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Claims for Relief. (a) If by reason of a Force Majeure Event occurring, either party is wholly or partially unable to carry out its obligations under this Contract that party must, as soon as it becomes aware of the Force Majeure Event, give to the other party prompt written notice of the Force Majeure Event together with full particulars of all relevant matters including:
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Claims for Relief. If Subcontractor believes that it is entitled to relief against Contractor for any event arising out of or relating to the Project, it shall provide written notice to the attention of the individual who signed this agreement on behalf of the Contractor within five (5) days after the occurrence giving rise to the claim for relief of the basis for its claim for relief, unless this Subcontract Agreement provides another time period or a shorter time period is necessary for Contractor to comply with its obligations to Owner under applicable provisions of the Contract Documents. All such notices shall include sufficient information to advise Contractor of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. If directed by Contractor, Subcontractor shall, within five (5) days after receipt of Contractor’s directive, certify the completeness and accuracy of its claim as a condition precedent to its consideration by Contractor or Owner. Failure to submit such written notice or certification shall constitute a conclusive presumption that Subcontractor is not entitled to a price or time adjustment for the event giving rise to the claim. Subcontractor’s failure to strictly comply with the provisions of this Section 18.1 shall result in a rejection and waiver of Subcontractor’s claim for relief.
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Related to Claims for Relief

  • Claims for Benefits All Claims for benefits will be deemed to have been filed on the date received by AvMed. If a Claim is a Pre-Service or Urgent Care Claim, a Health Professional with knowledge of the Member’s Condition will be permitted to act as the Member’s authorized representative, and will be notified of all approvals on the Member’s behalf.

  • Claims for Indemnity Whenever a claim shall arise for which any party shall be entitled to indemnification hereunder, the indemnified party shall notify the indemnifying party in writing within sixty (60) days of the indemnified party's first receipt of notice of, or the indemnified party's obtaining actual knowledge of, such claim, and in any event within such shorter period as may be necessary for the indemnifying party or parties to take appropriate action to resist such claim. Such notice shall specify all facts known to the indemnified party giving rise to such indemnity rights and shall estimate (to the extent reasonably possible) the amount of potential liability arising therefrom. If the indemnifying party shall be duly notified of such dispute, the parties shall attempt to settle and compromise the same or may agree to submit the same to arbitration or, if unable or unwilling to do any of the foregoing, such dispute shall be settled by appropriate litigation, and any rights of indemnification established by reason of such settlement, compromise, arbitration or litigation shall promptly thereafter be paid and satisfied by those indemnifying parties obligated to make indemnification hereunder.

  • Proceedings and Litigation No action, suit or proceeding shall have been commenced by any Person against any party hereto seeking to restrain or delay the purchase and sale of the Units or the other transactions contemplated by this Agreement or any of the other Transaction Documents.

  • Claims for Indemnification Whenever any claim shall arise for indemnification under this Article V, Seller or Buyer, as the case may be, seeking indemnification (the “Indemnified Party”), shall notify the party from whom indemnification is sought in writing (the “Indemnifying Party”) of the claim within fourteen (14) days of the receipt of written notice of any such claim and, when known, the facts constituting the basis for such claim (an “Indemnification Claim Notice”). In the event of any such claim for indemnification hereunder resulting from or in connection with any claim or legal proceedings by a third party, the Indemnification Claim Notice shall specify, if known, the amount or an estimate of the amount of the liability arising therefrom and shall append all legal papers, notices and other documents received in connection therewith. The delivery of the Indemnification Claim Notice by the Indemnified Party to the Indemnifying Party within such fourteen (14) day period shall not be a condition precedent to any liability of the Indemnifying Party under this Agreement, unless such Indemnifying Party has otherwise been prejudiced by the lack of or delay in delivering such Indemnification Claim Notice. The Indemnified Party shall not settle or compromise any claim by a third party for which it is entitled to indemnification hereunder without the prior written consent of the Indemnifying Party, which consent shall not be unreasonably withheld or delayed if the settlement or judgment includes an unconditional release to the Indemnified Party from all liability with respect to such claim, provided, however, that if suit shall have been instituted against the Indemnified Party and the Indemnifying Party shall not have taken control of such suit after notification thereof as provided in Section 5.6 hereof, the Indemnified Party shall have the right to settle or compromise such claim upon giving reasonable and timely notice to the Indemnifying Party, as provided in Section 5.6.

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Resolution of Claims The Company acknowledges that a settlement or other disposition short of final judgment may be successful on the merits or otherwise for purposes of Section 8(a)(i) if it permits a party to avoid expense, delay, distraction, disruption and uncertainty. In the event that any Claim relating to an Indemnifiable Event to which Indemnitee is a party is resolved in any manner other than by adverse judgment against Indemnitee (including, without limitation, settlement of such action, claim or proceeding with our without payment of money or other consideration) it shall be presumed that Indemnitee has been successful on the merits or otherwise for purposes of Section 8(a)(i). The Company shall have the burden of proof to overcome this presumption.

  • Arbitration of Claims The parties shall submit all Claims (as defined in Exhibit E) arising under this Agreement or any other Transaction Document or any other agreement between the parties and their affiliates or any Claim relating to the relationship of the parties to binding arbitration pursuant to the arbitration provisions set forth in Exhibit E attached hereto (the “Arbitration Provisions”). For the avoidance of doubt, the parties agree that the injunction described in Section 9.3 below may be pursued in an arbitration that is separate and apart from any other arbitration regarding all other Claims arising under the Transaction Documents. The parties hereby acknowledge and agree that the Arbitration Provisions are unconditionally binding on the parties hereto and are severable from all other provisions of this Agreement. By executing this Agreement, Company represents, warrants and covenants that Company has reviewed the Arbitration Provisions carefully, consulted with legal counsel about such provisions (or waived its right to do so), understands that the Arbitration Provisions are intended to allow for the expeditious and efficient resolution of any dispute hereunder, agrees to the terms and limitations set forth in the Arbitration Provisions, and that Company will not take a position contrary to the foregoing representations. Company acknowledges and agrees that Investor may rely upon the foregoing representations and covenants of Company regarding the Arbitration Provisions.

  • Procedures for Third Party Claims In the case of any claim for indemnification arising from a claim of a third-party other than an Infringement Claim subject to Section 13.3 above (a “Third-Party Claim”), a party seeking indemnification hereunder (each an “Indemnified Party”) shall give prompt written notice, following such Indemnified Party’s receipt of such claim or demand, to the party from which indemnity is sought (each an “Indemnifying Party”) of any claim or demand of which such Indemnified Party has knowledge and as to which it may request indemnification hereunder; provided, however, that failure to give such notice will not affect such Indemnified Party’s rights hereunder unless, and then solely to the extent that, the rights of the Indemnifying Parties from whom indemnity is sought are prejudiced as a result of such failure. The Indemnifying Party shall have the right (and if it elects to exercise such right, shall do so within twenty (20) days after receiving such notice from the Indemnified Party) to defend and to direct the defense against any such claim or demand, in its name or in the name of the Indemnified Party, as the case may be, at the expense of the Indemnifying Party, and with counsel selected by the Indemnifying Party; provided, that the Indemnifying Party shall be entitled to assume control of the defense of such action only if the Indemnifying Party acknowledges in writing its indemnity obligations and assumes and holds the Indemnified Party harmless from and against all Losses resulting from such Third-Party Claim; and provided further that the Indemnifying Party shall not be entitled to assume control of such defense if (i) the Indemnifying Party shall not have notified the Indemnified Party of its exercise of its right to defend such Third-Party claim within such twenty (20) day period; (ii) such claim or demand seeks an injunction or other equitable relief against the Indemnified Party, (iii) the Indemnified Party shall have reasonably concluded that (x) there is a conflict of interest between the Indemnified Party and the Indemnifying Party in the conduct of the defense of such claim or demand or (y) the Indemnified Party has one or more defenses not available to the Indemnifying Party, (iv) such claim relates to or arises in connection with any criminal proceeding, action, indictment, allegation or investigation, or (v) the appropriate court rules that the Indemnifying Party failed or is failing to vigorously prosecute or defend such Third-Party Claim. Notwithstanding anything in this Agreement to the contrary, the Indemnified Party shall, at the expense of the Indemnifying Party, cooperate with the Indemnifying Party, and keep the Indemnifying Party fully informed, in the defense of such claim or demand. The Indemnified Party shall have the right to participate in the defense of any claim or demand with counsel employed at its own expense; provided, however, that, in the case of any claim or demand described in clause (i) or (ii) of the second preceding sentence or as to which the Indemnifying Party shall not in fact have employed counsel to assume the defense of such claim or demand, the reasonable fees and disbursements of such counsel shall be at the expense of the Indemnifying Party. The Indemnifying Party shall have no indemnification obligations with respect to any such claim or demand which shall be settled by the Indemnified Party without the prior written consent of the Indemnifying Party, which consent shall not be unreasonably withheld, delayed or conditioned. The Indemnifying Party shall not settle any such claim without the prior written consent of the Indemnified Party (which consent shall not be unreasonably withheld, delayed or conditioned if such settlement is accompanied by a document releasing the Indemnified Party from all liability with respect to the matter in controversy that is binding, valid and enforceable against all applicable Parties). Notwithstanding the foregoing, if the Indemnified Party fails to object to the settlement within five (5) Business Days of receipt of a written notice from the Indemnifying Party containing the terms and condition of such settlement, the Indemnified Party shall be deemed to have consented to the settlement.

  • Notification of litigation The Borrower will provide the Agent with details of any legal or administrative action involving the Borrower, any Security Party, the Approved Manager, any Ship or the Earnings or the Insurances of any Ship as soon as such action is instituted or it becomes apparent to the Borrower that it is likely to be instituted, unless it is clear that the legal or administrative action cannot be considered material in the context of any Finance Document.

  • Litigation and Claims No litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower’s financial condition or properties, other than litigation, claims, or other events, if any, that have been disclosed to and acknowledged by Lender in writing.

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