Claim Dispute. Once Covered Services are rendered by a Provider, the Covered Person has no right to request Claim Administrator not to pay the Claim submitted by such Provider and no such request by a Covered Person or his agent will be given effect. Furthermore, Claim Administrator will have no liability to the Covered Person or any other person because of its rejection of such request.
Claim Dispute. An Indemnifying Party is entitled to dispute its liability to an Indemnified Party with respect to an Indemnification Claim. To dispute an Indemnification Claim, an Indemnifying Party shall give written dispute notice (“Objection Notice”) to the Indemnified Party asserting the Indemnification Claim by 5:00 p.m. Eastern Time on the 30th day after the Indemnifying Party receives the Indemnified Party’s Claim Notice in accordance with Section 8.4(a).
Claim Dispute. (A) If the Sellers’ Representative in good faith objects to any claim made by a Buyer Indemnified Party in any Officer’s Claim Certificate, then the Sellers’ Representative shall deliver a written notice (a “Claim Dispute Notice”) to such Buyer Indemnified Party during the 30-day period commencing upon receipt by the Sellers’ Representative of the Officer’s Claim Certificate. The Claim Dispute Notice shall set forth in reasonable detail the principal basis for the dispute of any claim made by such Buyer Indemnified Party in the Officer’s Claim Certificate. If the Sellers’ Representative does not deliver a Claim Dispute Notice to Buyer prior to the expiration of such 30-day period, then (i) each claim for indemnification set forth in such Officer’s Claim Certificate shall be deemed to have been conclusively determined in Buyer’s favor for purposes of this Section 8.2 on the terms set forth in the Officer’s Claim Certificate, (ii) the amount of such Loss shall promptly be paid pursuant to Section 8.2(d).
(B) If the Sellers’ Representative delivers a Claim Dispute Notice, then Buyer and the Sellers’ Representative shall attempt in good faith to resolve any such objections raised by the Sellers’ Representative in such Claim Dispute Notice. If Buyer and the Sellers’ Representative agree to a resolution of such objection, then a memorandum setting forth the matters conclusively determined by Buyer and the Sellers’ Representative shall be prepared and signed by both parties and the amount of such Loss shall promptly be paid pursuant to Section 8.2(d).
(C) If no such resolution can be reached during the 45-day period following Buyer’s receipt of a given Claim Dispute Notice, then upon the expiration of such 45-day period, either Buyer or the Sellers’ Representative may bring suit to resolve the objection in accordance with Section 9.10. The decision of the trial court as to the validity and amount of any claim in such Officer’s Claim Certificate shall be non-appealable, binding and conclusive upon Buyer, the Sellers’ Representative and the Seller Indemnifying Parties. A judgment upon any award rendered by the trial court may be entered in any court having jurisdiction pursuant to Section 9.10.
Claim Dispute. During the Negotiations, the Company and Union discussed the procedure for disputing a Claim. If a claim is to be disputed by the Company at the time of the sub- mission of the Form the Company will continue to so indicate on the claim form. If an original claim is subsequently disputed by the Company or if a denial of a claim is appealed by the Union, each party agrees to immediately advise the other of its’ actions within a twenty-four hour time period. The Employer further agrees to supply the Union with a copy of the Workplace Safety and Insurance Board Form 7 (Employer’s Report of Accidental Injury or Industrial Disease) and any correspondence attached to such form at least twenty-four hours prior to it being sent to the Board. The Union shall reciprocate any such correspon- dence to the Company concerning the claim in question. The above paragraph shall apply only when a joint waiver which is initiated by the Union, is signed by the affected employee. Yours truly, Van Labour Relations Advisor Xx. Xxxxxxx Xxxxxxx, Unit Chairperson, Local Automotive Limited
