Customer Claims. To the extent that Bank has paid or may pay a Chargeback or Credit Transaction Receipt, Merchant will be obligated to reimburse Bank for any sums Bank pays. If Merchant does not reimburse Bank, Bank will have all of the rights and remedies of Cardholders, including the Cardholders’ rights under 11 U.S.C. §507(a)(6). Bank may assert any claim on behalf of a Cardholder individually or on behalf of all Cardholders as a class.
Customer Claims. (a) In instances where a depositor of a Deposit made an assertion of error regarding an account constituting a Deposit account pursuant to federal regulations or Seller’s internal policies and procedures, and, prior to the Closing, Seller recredited the disputed amount to the relevant account during the conduct of the error investigation, during the one hundred and twenty (120) calendar days following the Closing (the “Customer Claims Period”), Purchaser agrees to comply with a written request from Seller to debit such account in an amount equal to the disputed amount and remit such amount to Seller where the depositor is determined by Seller liable for such disputed amount.
Customer Claims. To the extent that Processor or Member Bank has paid or may become liable for a Chargeback or Credit Transaction Receipt, Merchant will be obligated to reimburse Processor and Member Bank for any sums Processor or Member Bank pays or for which Processor or Member Bank is liable. If Merchant does not reimburse Processor or Member Bank, Processor and Member Bank will have all of the rights and remedies of Cardholders, including the Cardholders’ rights under 11 U.S.C. §507(a)(6). Processor and Member Bank may assert any claim on behalf of a Cardholder individually or on behalf of all Cardholders as a class.
Customer Claims. Seller’s warranties under this Section 7 are intended to protect Buyer from any and all warranty claims brought against Buyer by Buyer’s customers relating in any manner to the Goods. Buyer will have the right to fully defend any claims from its customers that any Goods supplied by Seller are defective, in breach of warranty, or otherwise did not meet applicable legal or contractual requirements, and all statements by Buyer to its customers regarding the Goods are without prejudice to any rights Buyer may have against Seller with respect to the Goods. Seller waives the right to argue that any position taken by Buyer with its customers in response to its customers’ claims in any way limits Buyer’s right to assert a claim against Seller for breach of warranty, contribution, indemnification or any other claim that may arise from or be related to the subject matter of any of the foregoing. If Seller wishes to participate in any negotiations with Buyer's customers regarding any Goods supplied by Seller under this Agreement or any related claim or litigation regarding such Goods, Seller will, promptly after being made aware of any alleged failure of such Goods to conform to the warranties set forth in this Agreement, provide Buyer with written notice of Seller’s request to participate. Seller acknowledges that Seller’s participation in any negotiations with Buyer’s customers is solely at Buyer’s discretion and nothing in this Agreement grants Seller the right to participate in such negotiations.
Customer Claims. The Company shall provide all services relating to claims made under the Contracts, including investigation, adjustment, and defense of claims, and shall make all payments relating to the Contracts, including payments representing claims, Contract loans, full and partial surrenders, and amounts paid under Contract settlement options. The Company shall retain ultimate authority for adjustments and claim payments, which payments shall be final and conclusive.
Customer Claims. (a) In instances where a depositor of a Deposit made an assertion of error regarding an account constituting a Deposit account pursuant to federal regulations or Seller’s internal policies and procedures, and, prior to the Closing, Seller recredited the disputed amount to the relevant account during the conduct of the error investigation, during the one hundred and twenty (120) calendar days following the Closing (the “Customer Claims Period”), Purchaser agrees to comply with a written request from Seller to debit such account in an amount equal to the disputed amount and remit such amount to Seller, net of applicable deposit premium paid by Purchaser with respect to such account debit, where the depositor is determined by Seller liable for such disputed amount.
Customer Claims. Without limiting the other provisions of this Section 9, Sylvamo shall keep IP reasonably informed of the status of any customer claim that could reasonably result in in indemnifiable Damages in excess of the Deductible pursuant to Section 9(a)(ii) above and consult with IP, and consider IP’s recommendations in good faith, on resolution of such customer claim, and IP shall have the opportunity to participate in any meetings or negotiations concerning such customer claim.
Customer Claims. No written or oral claims for breach of --------------- contract or otherwise by any customers (a "Customer Claim") has been made against the Company since January 1, 1999 which could, individually or in the aggregate, result in any Material Adverse Effect. The level of Customer Claims for the period since December 31, 1998 through the date hereof is consistent (plus or minus 5%) with past practices of the Company for the comparable period in 1998.
Customer Claims. If a Customer brings a claim to Reseller regarding a warranty issued by Flexera, Reseller shall direct the Customer to contact Flexera directly. To the extent Flexera’s warranty to the Customer specifies refund as a remedy, Xxxxxxxx agrees to refund the fees paid by the applicable Customer for the non-conforming Product promptly following notice from Flexera and Flexera will refund to Reseller the corresponding fees paid by Reseller to Flexera.
Customer Claims. 16 3.23 Brokers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3.24
