All Claims. When an employee disagrees with a decision made regarding a claim, the employee or USW Unit Chair may file an appeal, within 14 calendar days of receipt of the original decision, outlining reasons for the appeal including full details and supporting medical evidence. This appeal must be sent to the benefit carrier’s representative handling the claim. In the event this representative maintains denial of the claim, the file will be referred to the representative’s Team Manager for assessment. A written decision will be provided to the employee.
All Claims. Subject to the limitations set forth in this Article VIII, only after any final decision, judgment or award shall have been rendered by a Governmental Authority of competent jurisdiction and the expiration of the time in which to appeal therefrom, or a settlement shall have been consummated, or the Indemnitee and the Indemnitor shall have arrived at a mutually binding agreement with respect to a Claim hereunder (in each case a “Claim Settlement”) in the case where the Buyer is the Indemnitor, the Indemnitor shall pay to the Indemnditee any sums due and owing pursuant to this Agreement with respect to such matter by wire transfer of immediately available funds within five (5) Business Days after such Claim Settlement; and in the case where the Seller is the Indemnitor, the set off described in Section 8.7 shall apply. For these purposes, during the period that any Direct Claim made by Buyer Indemnitee in good faith or any Third Party Claim is pending, Buyer shall pay or issue, as the case may be, to an escrow agent mutually agreeable to Seller and Buyer pursuant to a mutually agreeable escrow agreement any payments that would otherwise be due to Seller under the Promissory Note or any stock that would otherwise be issued upon exercise of the Warrant that would be subject to offset under Section 8.7 assuming for this purpose that the pending Claim had been resolved in the Third Party’s favor as of the date such Third Party Claim was filed for the full amount claimed due therein or if the pending Direct Claim had been resolved in Buyer’s favor for the full amount of such Claim on the date notice of such Direct Claim was provided by Buyer to the Seller. Any such payments on the Promissory Note or issuances of stock on the exercise of the Warrant shall in all respects be subject to the limitations under this Article VIII. Upon the resolution of any such Claim, the Buyer and the Seller shall jointly instruct the escrow agent to distribute any payments and/or shares of stock held in escrow to Buyer and/or Seller as their interests therein shall appear based on such resolution.
All Claims. For the purpose of implementing a full and complete release, I understand and agree that this release is intended to include all Claims (other than the Excluded Claims, as that term is defined below), if any, which the Releasors may have and which I do not now know or suspect to exist in my favor against the Released Parties, from the beginning of time until the time I sign this Waiver and Release Agreement, and this Waiver and Release Agreement extinguishes those claims.
All Claims. For the avoidance of doubt, the Parties expressly acknowledge that the Losses as to which the Buyer Parties or Seller, as applicable, may seek indemnification pursuant to Section 7, Section 8 and this Section 9 may consist of Losses arising from inter-Party (i.e., between the Parties) Proceedings or Direct Claims and/or Losses arising from Third-Party Claims asserted against the Buyer Parties or Seller. (h)
All Claims. Seller's sole liability with respect to the Products or ---------- services or this Agreement, for any and all loss or damage to Buyer, or any other loss, damage, expense or claim, resulting from any cause whatsoever (whether based on damaged or non-conforming Products, irrespective of whether such damages or defects are discoverable or latent, or Seller's limited warranty shall fail of its essential purpose, or any other reason), and whether based upon breach of warranty, negligence, strict liability, tort, breach of contract or any other theory, shall be limited to and shall in no event in the aggregate exceed the purchase price of the particular Products with respect to which losses, damages, expenses or costs are claimed. Seller shall have no liability to any person other than Buyer by virtue of the sale of the Products and the other matters contemplated by this Agreement.
All Claims. For the purpose of implementing a full and complete release, you understand and agree that the release contained in this Agreement is intended to include all Claims, if any, that you may have and that you do not now know or suspect to exist in your favor against the Company Parties, from the beginning of time until the time you sign this Agreement, and this Agreement extinguishes those claims. (c)
All Claims. As a further inducement for this Agreement, the Parties expressly waive the provisions of any and all ordinances, statutes, and common law principles and doctrines providing that a general release may not extend to claims which they did not know or suspect to exist in their favor at the time of executing the release, which if known by them might have materially affected their settlement with each other and/or related persons and/or entities. The Parties acknowledge that they understand that this Agreement shall extend and apply to all unknown, unsuspected and unanticipated Claims, and/or losses, and/or damages, which are related to the Claims, as well as those which are specifically referred to herein, and the Parties hereby affirm that they have affixed their signatures hereto voluntarily and of their own free will and accord.
All Claims. No claim may be made by any party against the other after the Closing for any Loss arising as a result of any breach or default under this Agreement or any agreement, certificate or other document delivered pursuant to this Agreement except pursuant to and subject to this Article 9.
All Claims. In consideration for receiving the benefits described in Section 2 above, and to the fullest extent permitted by applicable law, you hereby waive, release and promise never to assert any claims or causes of action, whether or not now known, against the Company or its predecessors, successors or past or present subsidiaries, stockholders, directors, officers, employees, consultants, attorneys, agents, assigns and employee benefit plans (collectively, including the Company, the "Company Parties") with respect to any matter, including (without limitation) any matter related to your employment with the Company or the termination of that employment, claims for attorneys' fees or costs, claims of wrongful discharge, constructive discharge, emotional distress, defamation, invasion of privacy, fraud, breach of contract or breach of the covenant of good faith and fair dealing, claims under Title†VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, the New York State Human Rights Law, the New York Labor Law, and the New York City Human Rights Law; claims under any and all other federal, state, and local statutes, regulations, and laws of any type; and claims for any compensation or benefits not specifically referenced in this Agreement, including claims under your Employment Agreement, the Etsy, Inc. Severance Plan, or any Company incentive plan or bonus plan. Execution of this Agreement does not bar (i) any claim that arises hereafter, including (without limitation) a claim for breach of this Agreement, (ii) any rights you may already have to be indemnified and/or advanced or reimbursed expenses pursuant to any corporate document of the Company or its affiliates or applicable law, including the Indemnification Agreement between you and the Company dated April 15, 2015 (the "Indemnification Agreement"), or your right to be covered under any applicable directors' and officers' liability insurance policies (the Indemnification Agreement and all such corporate document or insurance policies, collectively, the "Indemnification Documents"), (iii) any rights to the benefits set forth in this Agreement and the CIC Plan as set forth below, and (iv) any rights to vested equity awards and any rights under any benefit plans of the Company under which you have a vested benefit and for which amounts are payable after the Effective Date. Exhibit 10.3 In consideration of the release provided by you, the Company...
All Claims. The limit of liability shown on the Declarations for “All Claims” is the maximum we will pay for any one or more claims made during this policy period. The limit of liabil- ity is the maximum we will pay for all claims arising out of, or in connection with the same or related wrongful acts. This limit applies as excess over any deductible amount, and regardless of the number of you who are insured under this policy or the number of claimants against you. All claims whenever made, shall be considered first made during the policy period in which the earliest claim aris- ing out of such same or related wrongful act was made, and all such claims shall be subject to the same limit of liability.
