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 A ‘Scope 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: (a) the Pharmaceutical Schedule; (b) the Data Specification; (c) the Procedures Manual; (d) this Part D; and (e) any other requirements set out in each Service Schedule.
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Basis of Claims. Subject to the provisions of Paragraph F below 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 Paragraph C (‘Uses of Funds’) of Exhibit A ‘Scope of Work’.
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Basis of Claims. Claiming procedures (1) The Provider may claim a payment from the DHB if the Provider has provided the Services and Dispensed the Pharmaceuticals in accordance with: (a) the Pharmaceutical Schedule; (b) the Data Specification; (c) the Procedures Manual; (d) this Part D; and (e) any other requirements set out in each Service Schedule.
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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.
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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: (a) the Pharmaceutical Schedule; (b) the Data Specification; (c) the Procedures Manual; (d) this Part D; and (e) any other requirements set out in each Service Schedule.
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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”).
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Related to Basis of Claims

  • Defense of Claims Subject to the provisions of applicable policies of directors’ and officers’ liability insurance, if any, the Company shall be entitled to participate in the defense of any Indemnifiable Claim or to assume or lead the defense thereof with counsel reasonably satisfactory to the Indemnitee; provided that if Indemnitee determines, 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 him or her that are different from or in addition to those available to the Company, (c) any such representation by such counsel would be precluded under the applicable standards of professional conduct then prevailing, or (d) Indemnitee has interests in the claim or underlying subject matter that are different from or in addition to those of other Persons against whom the Claim has been made or might reasonably be expected to be made, 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 for all indemnitees in Indemnitee’s circumstances) 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 the Indemnitee, effect any settlement of any threatened or pending Indemnifiable Claim which the 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 the 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.

  • 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 B. Requests for payment will be processed only upon presentation of a Claim Voucher in the form designated by the State. Such Claim Vouchers must be submitted with the budget expenditure report detailing disbursements of state, local and/or private funds by project budget line items. C. The State may require evidence furnished by the Grantee that substantial progress has been made toward completion of the Project prior to making the first payment under this Grant. All payments are subject to the State's determination that the Grantee's performance to date conforms with the Project as approved, notwithstanding any other provision of this Grant Agreement. D. Claims shall be submitted to the State within 10 calendar days following the end of the month in which work on or for the Project was performed. The State has the discretion, and reserves the right, to NOT pay any claims submitted later than 35 calendar days following the end of the month in which the services were provided. All final claims and reports must be submitted to the State within 10 calendar days after the expiration or termination of this agreement. Payment for claims submitted after that time may, at the discretion of the State, be denied. Claims may be submitted on a monthly basis only. If Grant funds have been advanced and are unexpended at the time that the final claim is submitted, all such unexpended Grant funds must be returned to the State. E. Claims must be submitted with accompanying supportive documentation as designated by the State. Claims submitted without supportive documentation will be returned to the Grantee and not processed for payment. Failure to comply with the provisions of this Grant Agreement may result in the denial of a claim for payment.

  • 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.

  • Absence of Claims Each Shareholder has no knowledge of any causes of action or other claims that could have been or in the future might be asserted by such Shareholder against the Company or any of its predecessors, successors, assigns, directors, employees, agents or representatives arising out of facts or circumstances occurring at any time on or prior to the date hereof and in any way relating to any duty or obligation of the Company or any Shareholder.

  • Defense of Claim In case any claim, demand or deficiency (a “Claim”) is asserted or any action is commenced or notice is given of any administrative or other proceeding against a party hereto (“Indemnified Party”) in respect of which indemnity properly sought against the other party (“Indemnitor”) pursuant to this Agreement, Indemnified Party shall give prompt notice thereof in writing to Indemnitor. Within 30 days after receipt of such notice (or prior to such earlier date as any answer in any administrative or other proceeding is due), Indemnitor may give Indemnified Party written notice of its election to conduct the defense of such Claim at its own expense (and any separate counsel engaged by Indemnified Party shall be at its expense). If Indemnitor has given Indemnified Party such notice of election to conduct the defense, Indemnified Party shall nevertheless have the right to participate in the defense thereof, but such participation shall be solely at its expense. If Indemnitor shall not notify Indemnified Party in writing (within the time hereinabove provided) of its election to conduct the defense of such Claim, Indemnified Party may (but need not) conduct (at the expense of Indemnitor) the defense of any Claim. The party assuming the defense of a Claim hereunder (the “Defending Party”) shall notify the other party of its intention to settle, compromise or satisfy any such Claim and may make such settlement, compromise or satisfaction unless such other party (the “Assuming Party”) shall notify the Defending Party in writing (within 30 days after receipt of such notice of intention to settle, compromise or satisfy) of its election to assume (at its sole expense) the defense of any such Claim and promptly thereafter take appropriate action to implement such defense. The Assuming Party shall indemnify the Defending Party and hold it harmless against any losses in excess of the amount of losses the Defending Party would have incurred if the proposed settlement had been agreed to. Indemnified Party shall cooperate with Indemnitor in any defense, at Indemnitor’s cost, and Indemnified Party shall provide reasonable access to, and copies of, records requested by Indemnitor and shall provide the reasonable assistance of Indemnified Party’s employees in connection with any defense.

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