Discovery of Clause Samples

The "Discovery of" clause establishes the procedures and obligations related to the identification and disclosure of relevant information or evidence during a legal process or contractual relationship. Typically, this clause outlines what types of information must be shared, the timeframe for disclosure, and the methods by which parties can request or obtain such information. For example, it may require each party to provide documents, records, or other materials pertinent to a dispute or investigation. The core practical function of this clause is to ensure transparency and fairness by facilitating the exchange of necessary information, thereby preventing surprises and enabling informed decision-making or resolution of issues.
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Discovery of i) An act or omission by the contract holder; or ii) A violation by You of any condition of the contract, which occurred after the effective date of the contract and which substantially and materially increases the service required under the contract; or
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Discovery of. (1) An act or omission by YOU; (2) A violation by YOU of any condition of this AGREEMENT, which occurred after the effective date of this AGREEMENT and which substantially and materially increases the service required under this AGREEMENT; or
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Discovery of. An act or omission by the holder; or (2) A violation by the holder of any condition of the Plan, which occurred after the effective date of the Plan and which substantially and materially increases the service required under the Plan; or (e) A material change in the nature or extent of the required service or repair which occurs after the effective date of the Plan and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Plan was issued or sold. Claims paid will not be deducted from any refund owed. The cancellation fee shall not exceed the Purchase Price or $25, whichever is less. Section 7.1.7. is deleted and replaced with the following: damage from abnormal use, abuse, misuse, mishandling, neglect, or introduction of foreign objects into the Covered Product. Unauthorized or non-manufacturer-recommended modifications to the Covered Product, or any damages arising from such unauthorized or non-manufacturer- recommended modifications, are also excluded under this Plan. However, if the Covered Product is modified or repaired in an unauthorized or non-manufacturer-recommended manner, We will not automatically suspend all coverage. Rather, this Plan will continue to provide any applicable coverage that is not related to the unauthorized or non-manufacturer- recommended modification or any damages arising therefrom, unless such coverage is otherwise excluded by the terms of this Plan. If You are not satisfied with the manner in which We are handling a claim under the Plan, You may contact the Nevada Commissioner of Insurance via the toll-free telephone number (▇▇▇) ▇▇▇-▇▇▇▇.
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Discovery of. ELECTRONICALLY STORED
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Discovery of. An act or omission by the holder; or (2) A violation by the holder of any condition of the Plan, which occurred after the effective date of the Plan and which substantially and materially increases the service required under the Plan; or (e) A material change in the nature or extent of the required service or repair which occurs after the effective date of the Plan and which causes the required service or repair to be substantially and materially increased beyond that contemplated at the time that the Plan was issued or sold. Claims paid will not be deducted from any refund owed. The administrative fee shall not exceed the Purchase Price or $25, whichever is less. If You are not satisfied with the manner in which We are handling a claim under the Plan, You may contact the Nevada Commissioner of Insurance via the toll-free telephone number ▇-(▇▇▇) ▇▇▇-▇▇▇▇.
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Discovery of. L (1) An act or omission by the holder; or
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Related to Discovery of

  • Discovery of Breach It is understood and agreed that the representations and warranties (i) of the Depositor set forth in Section 2.03 hereof, (ii) of ▇▇▇▇▇▇ Holdings set forth in the Mortgage Loan Sale Agreement and assigned to the Trustee by the Depositor hereunder and (iii) of each Transferor, assigned by ▇▇▇▇▇▇ Holdings to the Depositor pursuant to the Mortgage Loan Sale Agreement and assigned to the Trustee by the Depositor hereunder, shall each survive delivery of the Mortgage Files and the Assignment of Mortgage of each Mortgage Loan to the Trustee and shall continue throughout the term of this Agreement. Upon discovery by any of the Depositor, the Master Servicer or the Trustee of a breach of any of such representations and warranties that adversely and materially affects the value of the related Mortgage Loan, the party discovering such breach shall give prompt written notice to the other parties. Within 90 days of the discovery of a breach of any representation or warranty given to the Trustee by the Depositor, any Transferor or ▇▇▇▇▇▇ Holdings and assigned to the Trustee hereunder, the Depositor, such Transferor or ▇▇▇▇▇▇ Holdings shall either (a) cure such breach in all material respects, (b) repurchase such Mortgage Loan or any property acquired in respect thereof from the Trustee at the Purchase Price or (c) within the two year period following the Closing Date, substitute a Qualifying Substitute Mortgage Loan for the affected Mortgage Loan. In the event of the discovery of a breach of any representation and warranty of any Transferor assigned to the Trustee, the Trustee shall enforce its rights under the applicable Transfer Agreement and the Mortgage Loan Sale Agreement for the benefit of the Certificateholders. As provided in the Mortgage Loan Sale Agreement, if any Transferor substitutes for a Mortgage Loan for which there is a breach of any representations and warranties in the related Transfer Agreement which adversely and materially affects the value of such Mortgage Loan and such substitute mortgage loan is not a Qualifying Substitute Mortgage Loan, under the terms of the Mortgage Loan Sale Agreement, ▇▇▇▇▇▇ Holdings will, in exchange for such Substitute Mortgage Loan, either (i) provide the applicable Purchase Price for the affected Mortgage Loan or (ii) within two years of the Closing Date, substitute such affected Mortgage Loan with a Qualifying Substitute Mortgage Loan.

  • Delivery of Materials In the event of any expiration or termination of this Agreement, Contractor shall promptly provide the JBE with all originals and copies of the Deliverables, including any partially-completed Deliverables-related work product or materials, and any JBE-provided materials in its possession, custody, or control. In the event of any termination of this Agreement, the JBE shall not be liable to Contractor for compensation or damages incurred as a result of such termination; provided that if the JBE’s termination is not for cause, the JBE shall pay any fees due under this Agreement for Services performed or Deliverables completed and accepted as of the date of the JBE’s termination Notice.