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).
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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.
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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 – Gargasz 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 "Gargasz Agreement"). Plaintiffs contend that they are not bound by Ord. 913.305 (setting rates for outside-City sewer rental users) because the Gargasz Agreement set a separate sewer rate for Hidden Valley sewer users. Plaintiffs argue that the City has breached the Gargasz 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 Gargasz 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 Gargasz Agr...
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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.
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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.
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Claims for Relief. (a) 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:
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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.
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Related to Claims for Relief

  • Arbitration Proceedings Arbitration between the parties will be subject to the following:

  • Resolution of Claims The Company acknowledges that a settlement or other disposition short of final judgment may be successful on the merits or otherwise for purposes of Section 8(a)(i) if it permits a party to avoid expense, delay, distraction, disruption and uncertainty. In the event that any Claim relating to an Indemnifiable Event to which Indemnitee is a party is resolved in any manner other than by adverse judgment against Indemnitee (including, without limitation, settlement of such action, claim or proceeding with our without payment of money or other consideration) it shall be presumed that Indemnitee has been successful on the merits or otherwise for purposes of Section 8(a)(i). The Company shall have the burden of proof to overcome this presumption.

  • 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.

  • Litigation and Claims No litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower’s financial condition or properties, other than litigation, claims, or other events, if any, that have been disclosed to and acknowledged by Lender in writing.

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