CLAIMS UNDER THE DISTRIBUTOR’S INDEMNITY Sample Clauses

CLAIMS UNDER THE DISTRIBUTOR’S INDEMNITY. 26.1 Claim against Trader: If a Customer makes a claim against the Trader in relation to which the Trader seeks (at the time of the claim or later) to be indemnified by the Distributor under section 46A of the Consumer Guarantees Act 1993 (a “Claim”), the Trader must: (a) give written notice of the Claim to the Distributor as soon as practicable after the Trader has become aware of the Claim and any facts or circumstances indicating that the underlying failure may be related to an event, circumstance, or condition associated with the Network, specifying the nature of the Claim in reasonable detail; and (b) make available to the Distributor all information that the Trader holds in relation to the Claim that is reasonably required by the Distributor.
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CLAIMS UNDER THE DISTRIBUTOR’S INDEMNITY. 26.1 Claim against Trader: If a Customer makes a claim against the Trader in relation to which the Trader seeks (at the time of the claim or later) to be indemnified by the Distributor under section 46A of the Consumer Guarantees Act 1993 (a “Claim”), the Trader must: (a) give written notice of the Claim to the Distributor as soon as practicable after the Trader has become aware of the Claim and any facts or circumstances indicating that the underlying failure may be related to an event, circumstance, or condition associated with the Network, specifying the nature of the Claim in reasonable detail; and (b) make available to the Distributor all information that the Trader holds in relation to the Claim that is reasonably required by the Distributor. 26.2 Claim against Trader in relation to breach of service standards by the Distributor: The Distributor and the Trader acknowledge that a breach of the Service Standards in Schedule 1 of this Agreement by the Distributor may result in a Customer making a claim against the Trader for an alleged breach of the acceptable quality guarantee in section 7A of the Consumer Guarantees Act 1993 (a "Claim"). If the Trader reasonably believes that a Claim may arise, the Trader agrees not to make any determination, admission, settlement or compromise in respect of the Claim without first consulting with the Distributor in respect of the Claim and complying with the processes set out in this Schedule. 26.3 If the Trader becomes aware of or suspects a breach of the Service Standards by the Distributor which may give rise to a Claim, the Trader must give the Distributor written notice of the reasons why it suspects that there has been a breach and all information accessible by the Trader in relation to the matter that is reasonably requested by the Distributor. 26.4 If the Distributor is notified of a potential Claim under clause 26.2, the Trader is deemed to have authorised the Distributor to: (a) communicate directly with the relevant Customer and the Dispute Resolution Scheme in relation to the Claim; and (b) assume the management and defence of the Claim, provided that the Distributor must advise the Trader as soon as reasonably practicable, and in any event within 15 working days, after being notified of the Claim if it intends to assume the management and defence of the Claim. 26.5 If the Distributor elects to assume the management and defence of the Claim under clause 26.4(b): (a) the Distributor may determine the condu...
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CLAIMS UNDER THE DISTRIBUTOR’S INDEMNITY. 27.1 Claim against Retailer: If a Consumer makes a claim against the Retailer in relation to which the Retailer wishes to be indemnified by the Distributor under the Distributor's indemnity in clause 26.8 (a "Claim"), the Retailer must: (a) give written notice of the Claim to the Distributor as soon as reasonably practicable after the Retailer determines that it wishes to be indemnified by the Distributor, specifying the nature of the Claim in reasonable detail; (b) make available to the Distributor all information that the Retailer holds in relation to the Claim that is reasonably required by the Distributor; and (c) subject to clause 27.4(b), not make any determination, admission, settlement or compromise in respect of the Claim without first consulting the Distributor in respect of the Claim. 27.2 Distributor may take actions in respect of a Claim: If the Distributor is notified of a potential Claim, the Distributor may: (a) communicate directly with the relevant Consumer in relation to the Claim; and (b) assume management and defence of the Claim.
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CLAIMS UNDER THE DISTRIBUTOR’S INDEMNITY. (a) If a Customer makes a claim against the Retailer in relation to which the Retailer seeks (at the time of the claim or later) to be indemnified by the Distributor under section 46A of the Consumer Guarantees Act 1993 (a "Claim"), the Retailer must: (i) give written notice of the Claim to the Distributor as soon as reasonably practicable after the Retailer has become aware of the Claim and any facts or circumstances indicating the underlying failure may be related to an event, circumstance, or condition associated with the network, specifying the nature of the Claim in reasonable detail; and (ii) make available to the Distributor all information that the Retailer holds in relation to the Claim that is reasonably required by the Distributor. (b) If the Distributor is required to indemnify the Retailer under section 46A of the Consumer Xxxxxxxxxx Xxx 0000, the Distributor must promptly pay the Retailer the amounts due under that Act. (c) Any dispute between the Distributor and the Retailer relating to the existence or allocation of liability under section 46A of the Consumer Xxxxxxxxxx Xxx 0000 must be dealt with by each party in accordance with the Dispute Resolution Scheme or, if the dispute is not accepted by the scheme, the parties must deal with the dispute in accordance with clause 17. (d) Without limiting the foregoing provisions of this clause 18.10, the provisions of paragraphs (b) to (f) of clause 18.16 shall apply to each Claim as if the Retailer was the Indemnified Party, the Distributor was the Indemnifying Party, and the Claim was a Third Party Claim.
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Related to CLAIMS UNDER THE DISTRIBUTOR’S INDEMNITY

  • Seller’s Indemnification Except as otherwise stated in this Agreement, after recording, the Buyer shall accept the Property AS IS, WHERE IS, with all defects, latent or otherwise. Neither Seller nor their licensed real estate agent(s) or any other agent(s) of the Seller, shall be bound to any representation or warranty of any kind relating in any way to the Property or its condition, quality or quantity, except as specifically set forth in this Agreement or any property disclosure, which contains representations of the Seller only, and which is based upon the best of the Seller’s personal knowledge.

  • Limitation of Liability; Indemnity (a) Neither the Sole Member nor the Manager will be personally liable for monetary damages for any action taken as a member or manager, or for any failure to take any action, and neither the Sole Member nor the Manager shall be liable for any debts, obligations or liabilities of the Company whether arising in tort, contract or otherwise, solely by reason of being a member or manager. (b) The Company shall indemnify, defend and hold harmless the Sole Member and the Manager, and any of such party’s officers, directors, managers, employees, successors and assigns (each, an “Indemnified Party”) to the maximum extent permitted by applicable law from and against any and all actual or alleged losses, claims, damages, liabilities, costs or expenses (collectively, “Damages”) of any nature whatsoever, including attorneys’ fees, arising out of or in connection with any action taken or omitted by the Indemnified Party pursuant to authority granted by or otherwise in connection with this Agreement. Any indemnity under this Section shall be paid out of, and to the extent of, Company assets only, including insurance proceeds if available. (c) All expenses reasonably incurred by an Indemnified Party in connection with a threatened or actual action or proceeding with respect to which such Indemnified Party is or may be entitled to indemnification under this Section shall be advanced or promptly reimbursed by the Company to such Indemnified Party in advance of the final disposition of such action or proceeding upon receipt of an undertaking by such Indemnified Party or on such Indemnified Party’s behalf to repay the amount of such advances, if any, as to which such Indemnified Party is ultimately found not to be entitled to indemnification or, where indemnification is granted, to the extent such advances exceed the indemnification to which such Indemnified Party is entitled. (d) No repeal or amendment of this Section, insofar as it reduces the extent of the indemnification of any person who could be an Indemnified Party shall, without the written consent of such person, be effective as to such person with respect to any event, act or omission occurring or allegedly occurring prior to (a) the date of such repeal or amendment if on that date such Person is not serving in any capacity for which such Person could be an Indemnified Party or (b) the thirtieth (30th) day following delivery to such Person of written notice of such amendment as to any capacity in which such Person is serving on the date of such repeal or amendment for which such Person could be an Indemnified Party. No amendment of the LLC Law shall, insofar as it reduces the permissible extent of the right of indemnification of an Indemnified Party under this Section, be effective as to such Indemnified Party with respect to any event, act or omission occurring or allegedly occurring prior to the effective date of such amendment. This Section shall be binding on any successor to the Company, including any limited liability company, corporation or other entity which acquires all or substantially all of the Company’s assets. (e) The Company may, but need not, maintain insurance insuring the Company or persons entitled to indemnification under this Section for liabilities against which they are entitled to indemnification under this Section or insuring such persons for liabilities against which they are not entitled to indemnification under this Section. (f) The indemnification provided by this Section shall not be deemed exclusive of any other rights to which any person covered hereby may be entitled other than pursuant to this Section. The Company is authorized to enter into agreements with any such person or persons providing them rights to indemnification or advancement of expenses in addition to the provisions therefor in this Section to the full extent permitted by law. (g) The Company, in such instances and to such extent as shall be determined by the Manager, may indemnify and advance expenses to an employee or agent of the Company to the same extent and subject to the same conditions under which the Company may indemnify and advance expenses to the Sole Member and the Manager under this Section; and the Company may indemnify and advance expenses to persons who are not or were not employees or agents of the Company, but who are or were serving at the request of the Company as a manager, director, officer, partner, venturer, proprietor, trustee, employee, agent or similar functionary of another foreign or domestic limited liability company, corporation, partnership, joint venture, sole proprietorship, trust, employee benefit plan or other enterprise against any liability asserted against him and incurred by him in such a capacity or arising out of such person’s status as such a person to the same extent that the Company may indemnify and advance expenses to the Sole Member or the Manager under this Section.

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