Claims for Relief Sample Clauses

Claims for Relief a. If due to a Force Majeure Event the Affected Party is prevented in whole or in part from carrying out its obligations under this Insurance Contract, the Affected Party shall notify the other Party accordingly (Force Majeure Notice). b. The Affected Party shall not be entitled to any relief for or in respect of a Force Majeure Event unless it has notified the other Party in writing of the occurrence of the Force Majeure Event as soon as reasonably practicable and in any event within 7 days after the Affected Party knew, or ought reasonably to have known, of the occurrence of the Force Majeure Event and it has complied with the requirements of Clause 28.3 of this Insurance Contract. c. Each Force Majeure Notice shall: (i) fully describe the Force Majeure Event; (ii) specify the obligations affected by the Force Majeure Event and the extent to which the Affected Party cannot perform those obligations; (iii) estimate the time during which the Force Majeure Event will continue; and (iv) specify the measures proposed to be adopted to mitigate or minimise the effects of the Force Majeure Event. d. As soon as practicable after receipt of the Force Majeure Notice, the Parties shall consult with each other in good faith and use reasonable endeavours to agree appropriate mitigation measures to be taken to mitigate the effect of the Force Majeure Event and facilitate continued performance of this Insurance Contract. If Parties are unable to arrive at a mutual agreement on the occurrence of a Force Majeure Event or the mitigation measures to be taken by the Affected Party within 15 days of receipt of the Force Majeure Notice, then the other Party shall have a right to refer such dispute to grievance redressal in accordance with Clause 26. e. Subject to the Affected Party having complied with its obligations under Clause 29.3, the Affected Party shall be excused from the performance of the obligations that is affected by such Force Majeure Event for the duration of such Force Majeure Event and the Affected Party shall not be in breach of this Insurance Contract for such failure to perform for such duration; provided however that no payment obligations (including Claim Payments) shall be excused by the occurrence of a Force Majeure Event.
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Claims for Relief. (a) If a Party is prevented in whole or in part from carrying out its obligations under this Agreement as a result of a Force Majeure Event, it must as soon as practicable notify the other Parties accordingly. (b) A Notice under this clause 14.2 must: (i) specify the relevant obligations and the extent to which the Affected Party cannot perform those obligations; (ii) fully describe the Force Majeure Event; (iii) estimate the time during which the Force Majeure Event will continue; and (iv) specify the measures proposed to be adopted to remedy or minimise the effects of the Force Majeure Event.
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Claims for Relief. If by reason of a Force Majeure Event occurring, either party is wholly or partially unable to carry out its obligations under this Contract that party must, as soon as it becomes aware of the Force Majeure Event, give to the other party prompt written notice of the Force Majeure Event together with full particulars of all relevant matters including:
Sample 1
Claims for Relief. This matter was initiated in October 2013 by Plaintiffs Xxxxxxxxx Xxxxxx and Xxxxx Xxxxxx ("Plaintiffs") residents of Hidden Valley, a subdivision in Amherst Township, Ohio ("Hidden Valley"), who use the City's sewer services. Plaintiffs ultimately filed a Second Amended Complaint on March 18, 2015, which Complaint challenges the sewer rates and fees imposed upon Plaintiffs as a result of the City passing Lorain Codified Ordinance ("Ord.") 913.305 on September 17, 2012. Specifically, Plaintiffs' Second Amended Complaint asserts four claims against the City: Count I – Breach of Contract – Xxxxxxx Agreement; Count II – Breach of Contract – 1976 County Agreement; Count III – Declaratory Relief; and Count IV – Violation of R.C. 729.49. In support of their claims, Plaintiffs cite to an agreement entered into in 1974 (and its two subsequent extensions entered into in 1975 and 1979, respectively) between the City and the developer of Hidden Valley, Xxxxxx X. Xxxxxxx ("Xx. Xxxxxxx") for the provision of water and sewer services (collectively, the "Xxxxxxx Agreement"). Plaintiffs contend that they are not bound by Ord. 913.305 (setting rates for outside-City sewer rental users) because the Xxxxxxx Agreement set a separate sewer rate for Hidden Valley sewer users. Plaintiffs argue that the City has breached the Xxxxxxx Agreement as a result of charging Plaintiffs pursuant to the September 17, 2012 amendment to Ord. 913.305. As an alternative theory to liability, Plaintiffs cite to a July 28, 1976 Agreement between the City and Lorain County, Ohio ("1976 County Agreement") to support their allegations that the City set unreasonable sewer rates. According to Plaintiffs, the City agreed to accept and receive the sanitary sewage and waste originating in the Lorain Amherst Regional Sewer System ("System"). Plaintiffs assert that the sewer rates imposed upon Plaintiffs under the 1976 County Agreement do not comply with the contract's required rate methodologies. As a result, Plaintiffs allege the City's enforcement of Ord. 913.305 constitutes a breach of the 1976 County Agreement. The City has, and has asserted, defenses to each of the above-mentioned Plaintiffs' contentions. For example, the City contends that Plaintiffs are not intended third-party beneficiaries to the Xxxxxxx Agreement and, therefore, lack standing to bring a breach of contract claim based on this agreement. Even if Plaintiffs were to establish that they are third-party beneficiaries to the Xxxxxxx Agr...
Sample 1
Claims for Relief. The Team’s contractual claims, whether for money or other relief, shall be submitted in writing to the County Administrator or designee no later than 60 days after the final payment; however, written notice of the Team’s intention to file such a claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude the Team from submission of an invoice for final payment within a certain amount of time after completion and acceptance of the Services. Pendency of claims shall not delay payment of amounts agreed due in the invoice for final payment.
Sample 1
Claims for Relief. If Subcontractor believes that it is entitled to relief against Contractor for any event arising out of or relating to the Project, it shall provide written notice to the attention of the individual who signed this agreement on behalf of the Contractor within five (5) days after the occurrence giving rise to the claim for relief of the basis for its claim for relief, unless this Subcontract Agreement provides another time period or a shorter time period is necessary for Contractor to comply with its obligations to Owner under applicable provisions of the Contract Documents. All such notices shall include sufficient information to advise Contractor of the circumstances giving rise to the claim for relief, the specific contractual adjustment or relief requested and the basis of such request. If directed by Contractor, Subcontractor shall, within five (5) days after receipt of Contractor’s directive, certify the completeness and accuracy of its claim as a condition precedent to its consideration by Contractor or Owner. Failure to submit such written notice or certification shall constitute a conclusive presumption that Subcontractor is not entitled to a price or time adjustment for the event giving rise to the claim. Subcontractor’s failure to strictly comply with the provisions of this Section 18.1 shall result in a rejection and waiver of Subcontractor’s claim for relief.
Sample 1
Claims for Relief. All claims by the Company for Relief have been properly made and have been accepted as valid by a Tax Authority, and no Relief has been claimed or given to the Company, or taken into account in determining the provision for Tax in the Balance Sheet, which could be withdrawn, postponed or restricted as a result of entering into the Main Agreement or Closing.
Sample 1

Related to Claims for Relief

  • CLAIMS FOR DAMAGES 7.4.1 Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the other party or of any of his / her employees, agents or others for whose acts he / she is legally liable, claim shall be made in writing to such other party within a reasonable time after the first observance of such injury or damage.

  • Arbitration of Claims The parties shall submit all Claims (as defined in Exhibit E) arising under this Agreement or any other Transaction Document or any other agreement between the parties and their affiliates or any Claim relating to the relationship of the parties to binding arbitration pursuant to the arbitration provisions set forth in Exhibit E attached hereto (the “Arbitration Provisions”). For the avoidance of doubt, the parties agree that the injunction described in Section 9.3 below may be pursued in an arbitration that is separate and apart from any other arbitration regarding all other Claims arising under the Transaction Documents. The parties hereby acknowledge and agree that the Arbitration Provisions are unconditionally binding on the parties hereto and are severable from all other provisions of this Agreement. By executing this Agreement, Company represents, warrants and covenants that Company has reviewed the Arbitration Provisions carefully, consulted with legal counsel about such provisions (or waived its right to do so), understands that the Arbitration Provisions are intended to allow for the expeditious and efficient resolution of any dispute hereunder, agrees to the terms and limitations set forth in the Arbitration Provisions, and that Company will not take a position contrary to the foregoing representations. Company acknowledges and agrees that Investor may rely upon the foregoing representations and covenants of Company regarding the Arbitration Provisions.