CLAIM OR DEMAND Clause Samples

POPULAR SAMPLE Copied 1 times
CLAIM OR DEMAND. The Lessee shall not have any claim or demand against the Corporation or any of its officers, servants or agents for detriment, damage, accident or injury, of any nature whatsoever or howsoever caused to the leased Premises, or to any person or property, including any structures, erections, equipment, material, supplies, motor or other vehicles, fixtures and articles, effects and things erected, brought, placed, made or being on or about the leased Premises or in the said building, unless such damage or injury is due to the negligence of any officer, servant or agent of the Corporation while acting within the scope of his duties or employment. Provided, however, that the Corporation shall not be liable for indirect or consequential damages of any kind arising from any default of the Corporation, its officers, servants or agents.
View SourceView Similar (4)
CLAIM OR DEMAND. 12.1 The Lions Club will not have any claim or demand against the RDEK and/or any of its officers, servants or agents for detriment, damage, accident or injury of any nature whatsoever or howsoever caused to the Leased Land, or to any person or property, including any Improvements, erection, equipment, materials, supplies, motor or other vehicles, fixtures and articles, effects and things erected, brought, placed, made or being on or about the Leased Land unless such damage or injury is due to the negligence of any agent, officer or servant of the RDEK while acting within the scope of his duties or employment.
View SourceView Similar (2)
CLAIM OR DEMAND. If, during the Term, the Radio Site or Radio Equipment should, for any reason whatsoever, be interfered with, damaged, injured or destroyed, the Licensee shall not by reason thereof have any claim or demand against the Indemnified Parties and the Licensee shall not be entitled to any reimbursement, compensation or indemnity, unless such damage or injury is due to the negligence of any Indemnified Party.
View SourceView Similar (2)
CLAIM OR DEMAND. The Tenant shall not have any right to make or institute any claim, demand, action, suit, petition, or proceeding (“Claim”) against the Landlord or any of its officers, directors, servants, agents, or other persons for whom the Landlord is responsible, for detriment, damage, loss, costs, accident or injury (“Damage”), of any nature whatsoever or howsoever caused to the Premises, or to any person or property on or about the Premises, including any structures, erections, aircraft, equipment, materials, supplies, motor or other vehicles, fixtures and articles, effects and things erected, brought, placed, made or being on or about the Premises, unless such Damages is due to the gross negligence or willful misconduct of the Landlord or any officer, servant or agent of the Landlord while acting within the scope of his duties or employment. Notwithstanding the first sentence of this Section 8.2, the Tenant hereby releases the Landlord from any and all such Claims and/or Damages for which the Tenant is required to be insured for under the Lease no matter how caused (including negligence by the Landlord or the persons for whom it is responsible). In addition, and notwithstanding the first sentence of this Section 8.2, the Tenant hereby releases the Landlord from any and all such Claims and/or Damages, no matter how caused, for which the Tenant is actually insured for under this Lease. Each of the foregoing release includes such Claims and/or Damages caused by or contributed to by the gross negligent act or willful misconduct of the Landlord, its agents, and any person whom the Landlord is responsible for under this Lease or at law. Such releases also include all Claims and/or Damages arising, growing out of, or alleged to arise out of the event or loss for which the Landlord is released, and including if the relevant act or omission or the consequences thereof results in a breach of this Lease. For clarity “Claim” includes any matter or matters giving rise to or that could or that is threatened to give rise to a civil, regulatory, or other legal proceeding and includes every civil proceeding in which a person seeks a judgment, or an order made by a court requiring another person to comply with a duty or to pay damages for the violation of a right, as applicable. For further clarity, “Damage” includes one or more of: (i) personal injury or injuries (including death); (ii) property damage; (iii) economic loss or losses; (iv) non-performance of an obligation or obliga...
View Source
CLAIM OR DEMAND. The Lessee shall not have and hereby waives and releases any claim or demand against the Lessor or any of its officers, employees or agents for detriment, damage, loss, accident or injury, of any nature whatsoever or howsoever caused to the Land, or to any person or property, including any structures, erections, aircraft, equipment, materials, supplies, motor or other vehicles, fixtures and articles, effects and things erected, brought, placed, made or being on or about the Land or in the Building, unless such damage or injury is due to the gross negligence of the Lessor and/or any of its agents, officers or employees while acting within the scope of their duties of employment.
View Source

Related to CLAIM OR DEMAND

  • Claim Notice In the event that a Party wishes to assert a claim for indemnity hereunder, such Party shall with reasonable promptness provide to the Indemnifying Party a written notice of the indemnity claim it wishes to assert on behalf of itself or another Indemnified Party, including the specific details of and specific basis under this Agreement for its indemnity claim (a “Claim Notice”). To the extent any Losses for which indemnification is sought are asserted against or sought to be collected from an Indemnified Party by a third party, such Claim Notice shall include a copy of all papers served on the applicable Indemnified Party with respect to such claim. Failure to provide such Claim Notice with reasonable promptness shall not affect the right of the Indemnified Party to indemnification hereunder except to the extent that the Indemnifying Party is prejudiced thereby; provided, that the Indemnifying Party shall not be obligated to defend, indemnify or hold harmless an Indemnified Party with respect to a third party claim until a Claim Notice meeting the foregoing requirement is furnished to the Indemnifying Party by the Party seeking indemnity on behalf of the Indemnified Parties hereunder.

  • Claim of Infringement In the event that use of any facilities or equipment (including software), becomes, or in the reasonable judgment of the Party who owns the affected network is likely to become, the subject of a claim, action, suit, or proceeding based on intellectual property infringement, then said Party shall promptly and at its sole expense and sole option, but subject to the limitations of liability set forth below: 9.4.1 modify or replace the applicable facilities or equipment (including software) while maintaining form and function, or 9.4.2 obtain a license sufficient to allow such use to continue. 9.4.3 In the event 9.4.1 or 9.4.2 are commercially unreasonable, then said Party may, terminate, upon reasonable notice, this contract with respect to use of, or services provided through use of, the affected facilities or equipment (including software), but solely to the extent required to avoid the infringement claim.

  • Initial Claim Generally, the determination of whether a Claim is an Urgent Care Claim will be made by an individual acting on behalf of ▇▇▇▇▇, applying the judgment of a prudent layperson possessing an average knowledge of health and medicine. However, if a Physician with knowledge of the Member’s Condition determines that the Claim is an Urgent Care Claim, it will be deemed urgent. Urgent Care Claims may be made orally or in writing. AvMed will notify the Claimant of the benefit determination as soon as possible, taking into account the medical exigencies, but no later than 72 hours after receipt of the Urgent Care Claim. 1) If the Claimant fails to provide sufficient information to determine whether or to what extent benefits are covered or payable under this Contract, AvMed will notify the Claimant, no later than 24 hours after receipt of the Claim, of the specific information necessary to complete the Claim. The Claimant will be afforded no less than 48 hours, to provide the specified information. 2) AvMed will notify the Claimant of the benefit determination no later than 48 hours after the earlier of: ▇▇▇▇▇’s receipt of the specified information, or the end of the period afforded the Claimant to provide the specified information. If the Claimant fails to supply the specified information within the 48-hour period, the Claim will be denied. 3) AvMed may notify the Claimant of the benefit determination orally or in writing. If the notification is provided orally, a written or electronic notification will also be provided to the Claimant no later than three days after the oral notification.

  • Indemnified Person If an Indemnified Person is entitled to indemnification under this Section 14 as a result of a claim by a third party, and the indemnifying Interconnection Party fails, after notice and reasonable opportunity to proceed under Section 14.2 of this Appendix 2, to assume the defense of such claim, such Indemnified Person may at the expense of the indemnifying Interconnection Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.

  • Third Party Claim A Claim where there is (a) a claim, demand, suit or action by a person who is not a Party, (b) a settlement with, judgment by, or liability to, a person who is not a Party, or (c) a fine or penalty imposed by a person who is not a Party.