DAMAGES CLAIMS Sample Clauses

DAMAGES CLAIMS. 28.6.1 An employee in receipt of make-up pay will notify their Company of any action or claim for damages arising from the injury for which the employee has received compensation and make-up pay. 28.6.2 The Company is authorised to obtain from the employee or their representative, information on the progress of any claim. The Company may require the employee to provide an authority entitling the Company to a charge over any money payable under any verdict or settlement in relation to the injury. 28.6.3 If the Company obtains a verdict for damages for the injury concerned against the Company or any other person, or is paid money in settlement of such claims for damages, the Company’s liability for make-up pay, ceases from the date of such verdict or settlement. 28.6.4 The employee will repay out of such payment for damages the amount of make-up pay which has been paid to the employee in respect of the injury; provided that the employee will not be obliged to refund the Company more than the amount recovered by the employee after deduction of workers’ compensation payments, medicalexpenses andlegal costsand disbursements
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DAMAGES CLAIMS. 12.1 In respect of Third Pary Claims relating to Film manufactured by or on behalf of BioProgress, BioProgress shall indemnify, defend and hold FMC and its subsidiaries harmless from and against one hundred percent (100%) of the amount of any and all Product Liability provided that the Film is used for its intended purpose. In respect of Third Party Claims relating to Film manufactured by or on behalf of FMC by parties other than BioProgress or its contractors, FMC shall indemnify, defend and hold BioProgress and its subsidiaries (as defined below) harmless from and against one hundred percent (100%) of the amount of any and all Product Liability. “Product Liability” shall mean any losses directly arising out of or directly resulting from any Third Party Claim for death or bodily injury actually or allegedly arising out of or resulting from the use and/or sale of the Film.The Parties agree that the provisions of Clause 8.5 of the Master License Agreement between them shall be incorporated herein. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT OR FOR LOST PROFITS ARISING FROM OR RELATING TO ANY BREACH OF THIS AGREEMENT REGARDLESS OF ANY NOTICE OF SUCH DAMAGES.
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DAMAGES CLAIMS. In lieu of receiving an Automatic Payment, Class Members may elect to submit a Claim 10.1 Claim Forms
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DAMAGES CLAIMS. An employee who is receiving accident make-up pay will advise the Trust of any action he/she may institute or any claim the employee may make for damages. (a) Further, the employee will also authorise the Trust to obtain information as to the progress of any claim in accordance with this sub-clause from the employee's solicitors, and will if required provide the Trust with authority to charge on any money payable pursuant to any verdict or settlement on that injury. (b) Where the employee obtains a verdict or monetary settlement for damages against the Trust, in respect of any injury for which the employee has received accident make-up pay, the Trusts liability to apply accident make-up pay will cease from the date of such verdict or settlement. (c) If a verdict or settlement for such damages is not reduced either wholly or partly by the amount of the accident make-up pay made by the Trust, then the employee will immediately upon settlement reimburse to the Trust any amount of accident make-up pay already received in respect of that injury by which the settlement has not been reduced.
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DAMAGES CLAIMS. Any damages claims against third parties for conduct leading to incapacity for service on the part of the Executive are hereby assigned to the Company by the Executive to the level of continued remuneration paid by the Company pursuant to sub-section 2 above 7.3
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DAMAGES CLAIMS. An employee in receipt of make-up pay will notify CitiStreet of any claim or action for damages made by them with respect to the particular injury or injuries. XxxxXxxxxx is authorised to obtain from the employee or their representative, information on the progress of any claim. CitiStreet may also require an employee to provide an authority entitling CitiStreet to a charge over any money arising out of any verdict or settlement against a third party in relation to the injury, not exceeding the value of the make up pay paid by XxxxXxxxxx. CitiStreet’s liability to pay make-up pay in relation to an injury in which the employee was receiving make-up pay will cease where an employee obtains a verdict for damages against either CitiStreet or another person or is paid an amount of money in settlement of any claim for damages against CitiStreet or that person. Where such verdict or settlement is not reduced either in whole or in part by the amount of the make-up pay, the employee will immediately upon payment of such verdict or settlement amount, pay to CitiStreet any amount of make-up pay already received by which the verdict has not been reduced.
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DAMAGES CLAIMS. An employee who is receiving accident make-up pay will advise the Trust of any action he/she may institute or any claim the employee may make for damages. (a) Further, the employee will also authorise the Trust to obtain information as to the progress of any claim in accordance with this sub-clause from the employee's solicitors, and will if required provide the Trust with authority to charge on any money payable pursuant to any verdict or settlement on that injury. (b) Where the employee obtains a verdict or monetary settlement for damages against the Trust, in respect of any injury for which the employee has received accident make-up pay, the Trusts liability to apply accident make-up pay will cease from the date of such verdict or settlement.
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DAMAGES CLAIMS. IF YOU BREAK ANY OF YOUR AGREEMENTS AS TENANT YOU ARE LIABLE TO PAY DAMAGES FOR ANY REASONABLE COSTS OR FINANCIAL LOSS SUFFERED BY THE LANDLORD AS A RESULT. THESE ARE PAYABLE UNDER THE COMMON LAW AND THE TENANTS FEES LEGISLATION ALLOWS FOR SUCH CLAIMS TO BE MADE. IF DAMAGES INCLUDE THE LANDLORD’S OWN TIME THIS WILL BE CHARGED AT £15 PER HOUR INCLUDING VAT WARNING: IF THE PROPERTY IS A LICENSED HMO THE LANDLORD MAY BE REQUIRED TO CARRY OUT WORK TO COMPLY WITH THE LICENCE CONDITIONS. THIS CAN INCLUDE PROVIDING FIRE PRECAUTIONS OR AMENITIES E.G. TOILETS, WASH HAND BASINS OR KITCHEN FACILITIES. WHILST EVERY EFFORT WILL BE TAKEN TO MINIMISE DISRUPTION, THE LANDLORD WILL NOT ACCEPT ANY CLAIMS OR LIABILITY FOR THE WORK AND IN PARTICULAR (UNLESS EXPRESSLY AGREED IN WRITING) NO REFUND OF RENT IS DUE BECAUSE THE PROPERTY CANNOT BE OCCUPIED IN WHOLE OR IN PART WHILST THE WORK IS CARRIED OUT STANDARD TERMS 2019 Edition (Post Tenant Fees Act 2019 Legislation)
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Related to DAMAGES CLAIMS

  • Damages; Relief Termination of this Agreement shall not preclude either Party from claiming any other damages, compensation or relief that it may be entitled to upon such termination.

  • Indemnification Claims An Indemnified Party shall give written notification to the Indemnifying Party of the commencement of any Third Party Action. Such notification shall be given within 20 days after receipt by the Indemnified Party of notice of such Third Party Action, and shall describe in reasonable detail (to the extent known by the Indemnified Party) the facts constituting the basis for such Third Party Action and the amount of the claimed damages; provided, however, that no delay or failure on the part of the Indemnified Party in so notifying the Indemnifying Party shall relieve the Indemnifying Party of any liability or obligation hereunder except to the extent of any damage or liability caused by or arising out of such failure. Within 20 days after delivery of such notification, the Indemnifying Party may, upon written notice thereof to the Indemnified Party, assume control of the defense of such Third Party Action with counsel reasonably satisfactory to the Indemnified Party; provided that the Indemnifying Party may not assume control of the defense of Third Party Action involving criminal liability or in which equitable relief is sought against the Indemnified Party. If the Indemnifying Party does not, or is not permitted under the terms hereof to, so assume control of the defense of a Third Party Action, the Indemnified Party shall control such defense. The Non-controlling Party may participate in such defense at its own expense. The Controlling Party shall keep the Non-controlling Party advised of the status of such Third Party Action and the defense thereof and shall consider in good faith recommendations made by the Non-controlling Party with respect thereto. The Non-controlling Party shall promptly furnish the Controlling Party with such information as it may have or receive with respect to such Third Party Action (including copies of any summons, complaint or other pleading which may have been served on such party and any written claim, demand, invoice, billing or other document evidencing or asserting the same) and shall otherwise cooperate with and assist the Controlling Party in the defense of such Third Party Action. The fees and expenses of counsel to the Indemnified Party with respect to a Third Party Action shall be considered Damages for purposes of this Agreement if (x) the Indemnified Party controls the defense of such Third Party Action pursuant to the terms of this Section 5.3 or (y) the Indemnifying Party assumes control of such defense and the Indemnified Party reasonably concludes that the Indemnifying Party and the Indemnified Party have conflicting interests with respect to such Third Party Action. The Indemnifying Party shall not agree to any settlement of, or the entry of any judgment arising from, any Third Party Action without the prior written consent of the Indemnified Party, which shall not be unreasonably withheld, conditioned or delayed. The Indemnified Party shall not agree to any settlement of, or the entry of any judgment arising from, any such Third Party Action without the prior written consent of the Indemnifying Party, which shall not be unreasonably withheld, conditioned or delayed.

  • Tax Claims Notwithstanding any other provision of this Agreement, the control of any claim, assertion, event or proceeding in respect of Taxes of the Company (including, but not limited to, any such claim in respect of a breach of the representations and warranties in Section 3.22 hereof or any breach or violation of or failure to fully perform any covenant, agreement, undertaking or obligation in Article VI) shall be governed exclusively by Article VI hereof.

  • Indemnification for Certain Claims The Party providing services hereunder, its affiliates and its parent company, shall be indemnified, defended and held harmless by the Party receiving services hereunder against any claim, loss or damage arising from the receiving company’s use of the services provided under this Agreement pertaining to (1) claims for libel, slander or invasion of privacy arising from the content of the receiving company’s own communications, or (2) any claim, loss or damage claimed by the End User of the Party receiving services arising from such company’s use or reliance on the providing company’s services, actions, duties, or obligations arising out of this Agreement.

  • Breach of Contract and Liquidated Damages A. Where OGS determines that the Contractor is not in compliance with the requirements of subsection 4.7 of this Contract, and the Contractor refuses to comply with such requirements, or if it is found to have willfully and intentionally failed to comply with the MWBE participation goals set forth in the Contract, the Contractor shall be obligated to pay liquidated damages to OGS. B. Such liquidated damages shall be calculated as an amount equaling the difference between: 1. All sums identified for payment to MWBEs had the Contractor achieved the contractual MWBE goals; and 2. All sums actually paid to MWBEs for work performed or materials supplied under the Contract. C. If OGS determines that Contractor is liable for liquidated damages and such identified sums have not been withheld by OGS, Contractor shall pay such liquidated damages to OGS within sixty (60) days after they are assessed. Provided, however, that if the Contractor has filed a complaint with the Director of the Division of Minority and Women’s Business Development pursuant to 5 NYCRR § 142.12, liquidated damages shall be payable only in the event of a determination adverse to the Contractor following the complaint process.

  • NO LIMITATION OF LIABILITY FOR DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE ARE

  • Product Liability Claims As soon as it becomes aware, each party will give the other prompt written notice of any defect or alleged defect in a Product, any injury alleged to have occurred as a result of the use or application of a Product, and any circumstances that may give rise to litigation or recall of a Product or regulatory action that may affect the sale or manufacture of a Product, specifying, to the extent the party has such information, the time, place and circumstances thereof and the names and addresses of the persons involved. Each party will also furnish promptly to the other copies of all papers received in respect of any claim, action or suit arising out of such alleged defect, injury or regulatory action.

  • Breach of Contract Claims [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.] 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time (Chapter 2260), is applicable to this Agreement and is not preempted by other Applicable Laws, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor: 12.19.1.1 Contractor’s claims for breach of this Agreement that the parties cannot resolve pursuant to other provisions of this Agreement or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor will submit written notice, as required by subchapter B of Chapter 2260, to University in accordance with the notice provisions in this Agreement. Contractor's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision that University allegedly breached, the amount of damages Contractor seeks, and the method used to calculate the damages. Compliance by Contractor with subchapter B of Chapter 2260 is a required prerequisite to Contractor's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of University, or another officer of University as may be designated from time to time by University by written notice to Contractor in accordance with the notice provisions in this Agreement, will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. 12.19.1.2 If the parties are unable to resolve their disputes under Section 12.19.1.1, the contested case process provided in subchapter C of Chapter 2260 is Contractor’s sole and exclusive process for seeking a remedy for any and all of Contractor's claims for breach of this Agreement by University. 12.19.1.3 Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx from the Legislature under Chapter 107,

  • Indemnity Consequential Damages and Insurance 18.1 Indemnity 18.1.1 Indemnified Party 18.1.2 Indemnifying Party 18.1.3 Indemnity Procedures 18.2 Consequential Damages 18.3 Insurance 18.3.1 18.3.2 18.3.3 18.3.4 18.3.5 18.3.6 18.3.7 18.3.8 18.3.9 18.3.10 18.3.11

  • Litigation; Claims Any rights (including indemnification) and claims and recoveries under litigation of Seller against third parties arising out of or relating to events prior to the Closing Date;

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