Assessment of Claims. In the event that any of the Losses for which an Indemnitor is or is allegedly responsible pursuant to Sections 8.1 or 8.2 are recoverable or potentially recoverable against any third party at the time when payment is due hereunder, following payment by the Indemnitor to the Indemnitee for such Losses the Indemnitee shall assign any and all rights that it may have to recover such Losses to the Indemnitor, or, if such rights are not assignable under applicable law or otherwise, the Indemnitee shall attempt in good faith to collect any and all Losses on account thereof from such third party for the benefit of, and at the expense and direction of, the Indemnitor.
Assessment of Claims. A medical decision will be made to determine whether it is a case of “Total Disability” or “Disabled”.
Assessment of Claims. 16.07.02.01 A medical decision will be made to determine whether it is a case of “Total Disability” or “Disabled”.
00.00.00.00.00 It is not necessary for an employee to be confined to his home in order to be considered “totally disabled”; however, to be eligible for benefits, the employee must be continuously disabled and under the continuous care of a physician legally licensed to practice medicine.
00.00.00.00.00 The assessment of disability will be based on reports of the employee, the employer and the attending physician. Consideration will be given to the employee's ability to perform alternative work and the appropriateness of such work for the employee involved.
00.00.00.00.00 Prior to the end of the first year of disability, the Underwriters will assess the degree of the employee's disablement to determine whether the employee is disabled or totally disabled as defined under the plan. The results of such assessment will be forwarded to the Corporate & Human Resources Branch, the Advisory Committee and to Payrolls.
Assessment of Claims. 71 SECTION 8.7. Limits on Indemnification................................................. 71 8.7.1 Limitations on Indemnification for Breach of Representations and Warranties.......................... 71 8.7.2 No Limitations on Certain Indemnification Claims.................. 72 SECTION 8.8. Survival of Representations and Warranties................................ 72 SECTION 8.9. After-Tax Nature of Indemnity Payments.................................... 72 SECTION 8.10. Third Party Beneficiaries................................................. 73
Assessment of Claims. In the event that any of the Losses for which an Indemnitor is or allegedly responsible pursuant to Sections 7.2, 7.3 or 7.4 are recoverable or potentially recoverable against any third party at the time when payment is due hereunder, following payment by the Indemnitor to the Indemnitee for such Losses the Indemnitee shall assign any and all rights that it may have to recover such Losses to the Indemnitor, or, if such rights are not assignable under applicable law or otherwise, the Indemnitee shall attempt in good faith to collect any and all Losses on account thereof from such third party for the benefit of, and at the expense and direction of, the Indemnitor. Each Indemnitee shall use reasonable efforts to mitigate any Loss for which an Indemnitor may have an indemnification obligation pursuant to this Article VII.
Assessment of Claims. 48 Section 8.7 Limits on Indemnification.............................48 8.7.1 Limitations on Indemnification for Breach of Representations and Warranties.....48 8.7.2 No Limitations on Certain Indemnification Claims.......................48
Assessment of Claims. Owner Operators will be notified of claims to be assessed and be allowed twenty (20) business days to respond should there be reasonable causes to dispute such assessment. Any claim under dispute will not be charged to the Owner Operator until the dispute is resolved. Owner Operators will be notified of the receipt by the Company of any claim that may be assessed against them within one hundred and eighty (180) days of delivery of the vehicle, otherwise no claim will be assessed to the Owner Operator. Information will be provided to affected Owner Operators regarding claims in protracted dispute with claimants by the Claims Centre.
Assessment of Claims. A Claim will be assessed by the Office for Recreation, Sport and Racing to determine whether a child is an Eligible Child to receive the Subsidy.
Assessment of Claims. Hydro and Fox Lake acknowledge that if a claim of the nature described in subsection 4.3.1, is advanced by Fox Lake or Fox Lake Citizens against Hydro, a factor that may be considered by Hydro in assessing the claim, is the responsibility or contributory negligence of the claimant.
Assessment of Claims. There shall be liability of the Vendor only with respect to such claims which, individually, exceed CHF 20'000 (twenty thousand Swiss Francs) each and which, in the aggregate exceed CHF 1'000'000 (one million Swiss Francs). Once such threshold amount has been exceeded Purchaser may claim not only the amount above CHF 1'000'000, but also between CHF 1 and CHF 1'000'000.
