Claims by Opt Outs and Others Sample Clauses

Claims by Opt Outs and Others. If any person not bound by this Agreement claims over or brings a third party claim, makes any claim or demand or takes any action or proceeding against any defendant named in the Class Actions or the Cloud Class Action arising in relation to an Indian Residential School or the operation of Indian Residential Schools, no amount payable by any defendant named in the Class Actions or the Cloud Class Action to that person will be paid out of the Designated Amount Fund. ARTICLE THIRTEEN LEGAL FEES
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Claims by Opt Outs and Others. If any person who opts out of a Class Action or any Class Member who is not bou nd by the pro visions of this Agreement or any other person who claims o ver or brings a third party claim makes any claim or demand or takes any act ion or proceeding against any FPT Government in any way relating to or arising from (i) in the case of a Transfused Class Member, the infection of a Primarily-Infected Person with HCV during the Class Period or, (ii) in the case of a Hemophiliac Class Member, the infection of a Primarily-Infected Hemophiliac with HCV from Blood (including, in each case, the infect ion of a Seco ndarily-Infected Person), the amount payable by a FPT Government to the person who opts out of a Class Action or Class Member who is not bound by the pr ovisions of this Agreement or person who claims o ver or brings a third party claim pursuant to either a final judgment of a court in a contested action or a settlement appro ved by one of the Courts and an amount equal to one-third of the defence costs (including costs of counsel, disbursements and applicable taxes) arising out of any action (whether an FPT Xxxxx nment has been successful in defending the action or not) or settlement and appro ved by one of the Courts will be paid out of the Trust.
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Related to Claims by Opt Outs and Others

  • Discovery and Other Rights Discovery and rights to appeal in arbitration are generally more limited than in a lawsuit. This applies to both you and us. Other rights that you or we would have in court may not be available in arbitration. Please read this Arbitration Clause and consult the rules of the arbitration organizations listed below for more information.

  • Contract and other writing(s) setting forth the final agreements, clarifications and terms between the Bid Documents and Contractor’s Bid. In the latter circumstance, clarifications must specifically note in writing what was offered by the Contractor and what was accepted by the State. If not, such clarifications shall be considered last in the order of precedence under this paragraph.

  • CONTRACTING AND OTHER PARTIES (Clause 42.1) Employer: The Mvula Trust Postal Address: 00 Xxxxxxxx Xxxxxx, Xxxxxxx, East London Telephone: 000 000 0000 Facsimile: 043 726 5967 Physical address: 00 Xxxxxxxx Xxxxxx, Xxxxxxx, East London Principal Agent: The Mvula Trust Postal Address: 00 Xxxxxxxx Xxxxxx, Xxxxxxx, East London Telephone: 000 000 0000 Facsimile: 043 726 5967 Physical address: 00 Xxxxxxxx Xxxxxx, Xxxxxxx, East London CONTRACT DETAILS (Clause 42.2) Clause 42.2.1 Works Description: Construction of new ablution facilities. Clause 42.2.2 Site Description: The site is the existing Qhoboshane Junior Secondary School. Clause 42.2.3 Work or Installations by Others: XXX Xxxxxx 42.2.4 This Agreement is for a State Contract :- Yes Carried to Collection R

  • Non-Discrimination and Other Requirements A. Section 504 applies only to Contractor who are providing services to members of the public. Contractor shall comply with § 504 of the Rehabilitation Act of 1973, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this Agreement.

  • Limitations on Liability of Xxxxxxx Mac and Others Neither Xxxxxxx Mac nor any of its directors, officers, employees or agents shall be under any liability to the Holders or Beneficial Owners for any action taken, or not taken, by them in good faith under this Agreement or for errors in judgment. This provision will not protect Xxxxxxx Mac or any other related person against any liability which would otherwise be imposed by reason of willful misfeasance, bad faith or gross negligence or by reason of reckless disregard of obligations and duties under this Agreement. Xxxxxxx Mac and such related persons shall have no liability of whatever nature for special, indirect or consequential damages, lost profits or business, or any other liability or claim (other than for direct damages), even if reasonably foreseeable, or Xxxxxxx Mac has been advised of the possibility of such loss, damage, liability or claim. Xxxxxxx Mac and such related persons may rely in good faith on any document or other communication of any kind properly submitted by any person (in writing or electronically) with respect to any matter arising under this Agreement. In performing its responsibilities under this Agreement, Xxxxxxx Mac may employ agents or independent contractors. Except upon an Event of Default, Xxxxxxx Mac shall not be subject to the control of Holders in any manner in the discharge of its responsibilities pursuant to this Agreement. Xxxxxxx Mac shall be under no obligation to appear in, prosecute or defend any legal action that is not incidental to its responsibilities under this Agreement and which in its opinion may involve it in any expense or liability. However, Xxxxxxx Mac may in its discretion undertake any such legal action which it may deem necessary or desirable in the interests of the Holders. In such event, the legal expenses and costs of such action shall be expenses and costs of Xxxxxxx Mac.

  • SPECIAL AND OTHER LEAVE 33 20.1 Bereavement Leave 33 20.2 Special Leave 33 20.3 Family Illness 34 20.4 Full-Time Union or Public Duties 34 20.5 Leave for Court Appearance 34 20.6 Leave for Writing Examinations 35 20.7 Leave for Taking Courses 35 20.8 Education Leave 35 20.9 Elections 35 20.10 General Leave 35 20.11 Leave for Medical and Dental Care 35 20.12 Donor Leave 36 20.13 Other Religious Observations 36 20.14 Child Care Expenses 36 20.15 Definition of Child 37 20.16 Compassionate Leave 37 ARTICLE 21 - MATERNITY LEAVE 37 21.1 Maternity Leave 37 21.2 Parental Leave 37 21.3 Request for Leave 38 21.4 Benefits Continuation 38 21.5 Return to Work 38 21.6 Entitlements Upon Return to Work 38 21.7 Sick Leave Credits 38 21.8 Paternity Leave 38 ARTICLE 22 - OCCUPATIONAL HEALTH AND SAFETY 39 22.1 Conditions 39 22.2 Safety Committee 39 22.3 Injury Pay Provision 39 22.4 Transportation of Incident Victims 39 22.5 Pollution Control 39 22.6 Investigation of Incidents 39 22.7 Occupational First Aid Requirements 40 22.8 Occupational Health and Safety Courses 40 22.9 Work Restrictions 40 22.10 Controlled Products, Hazardous Waste, Pesticides and Harmful Substances 41 22.11 Communicable Disease Protection 41 ARTICLE 23 - TECHNOLOGICAL CHANGE 41 23.1 Definition 41 23.2 Notice 42 23.3 Data to be Provided 42 23.4 Notice to Functional Work Xxxx 00 23.5 Consultations 42 23.6 Resulting Agreements 43 23.7 Failure to Agree 43 (iv) 23.8 Effect of Dispute Resolution or Introduction of Technological Change 43 ARTICLE 24 - CONTRACTING OUT 43 24.1 No Contracting Out 43 24.2 Contracting/Leasing 43 ARTICLE 25 - HEALTH AND WELFARE 43 25.1 Basic Medical Insurance 43 25.2 Extended Health Care Plan 43 25.3 Dental Plan 44 25.4 Group Life 45 25.5 Long-Term Disability 45 25.6 Chiropractor/Massage Therapist Fees 45 25.7 Workers' Compensation Board Claims 45 25.8 Medical Examination 45 25.9 Legislative Changes 45 25.10 Employee and Family Assistance Program 46 25.11 Definition - Full-Time 47 25.12 Payment in Lieu of Health and Welfare Benefits 47 25.13 Employment Past Age 65 – Group Benefits 47 ARTICLE 26 - WORK CLOTHING 47 26.1 Supply of Clothing 47 26.2 Maintenance of Clothing 47 ARTICLE 27 - PAYMENT OF WAGES AND ALLOWANCES 48 27.1 Equal Pay 48 27.2 Paydays 48 27.3 Retroactive Pay 48 27.4 Rates of Pay 48 27.5 Substitution Pay 48 27.6 Pay on Temporary Assignment 49 27.7 Reclassification of Position 49 27.8 Transportation for Employees 49

  • Termination and Other Remedies a. If Registered User breaches the provisions in this Agreement or otherwise uses data or information improperly as deemed by Clerk, the Clerk has the right to terminate this Agreement immediately and pursue any other remedy available at law or in equity.

  • Rent and Other Payments This paragraph contains detailed commercial terms. ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .

  • FACILITIES, EQUIPMENT AND OTHER MATERIALS Except as otherwise specifically provided in this Agreement, CONTRACTOR shall, at its sole cost and expense, furnish all facilities, equipment, and other materials which may be required for performing services pursuant to this Agreement. At COUNTY’s discretion, COUNTY may make equipment or facilities available to CONTRACTOR for CONTRACTOR’s use in furtherance of this Agreement only where a COUNTY Facility or Equipment exhibit is attached to this Agreement identifying the equipment or facilities to be used by CONTRACTOR’s personnel. If COUNTY funds equipment as part of this contract, COUNTY will retain Equipment.

  • Fees and Other Charges (a) The Borrower will pay a fee on all outstanding Letters of Credit at a per annum rate equal to the Applicable Margin then in effect with respect to Eurodollar Loans under the Revolving Facility, shared ratably among the Revolving Lenders and payable quarterly in arrears on each Fee Payment Date after the issuance date. In addition, the Borrower shall pay to the Issuing Lender for its own account a fronting fee of 0.25% per annum on the undrawn and unexpired amount of each Letter of Credit, payable quarterly in arrears on each Fee Payment Date after the issuance date.

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