Direct Claims Any Action by an Indemnified Party on account of a Loss which does not result from a Third Party Claim (a “Direct Claim”) shall be asserted by the Indemnified Party giving the Indemnifying Party reasonably prompt written notice thereof, but in any event not later than 30 days after the Indemnified Party becomes aware of such Direct Claim. The failure to give such prompt written notice shall not, however, relieve the Indemnifying Party of its indemnification obligations, except and only to the extent that the Indemnifying Party forfeits rights or defenses by reason of such failure. Such notice by the Indemnified Party shall describe the Direct Claim in reasonable detail, shall include copies of all material written evidence thereof and shall indicate the estimated amount, if reasonably practicable, of the Loss that has been or may be sustained by the Indemnified Party. The Indemnifying Party shall have 30 days after its receipt of such notice to respond in writing to such Direct Claim. The Indemnified Party shall allow the Indemnifying Party and its professional advisors to investigate the matter or circumstance alleged to give rise to the Direct Claim, and whether and to what extent any amount is payable in respect of the Direct Claim and the Indemnified Party shall assist the Indemnifying Party’s investigation by giving such information and assistance (including access to the Company’s premises and personnel and the right to examine and copy any accounts, documents or records) as the Indemnifying Party or any of its professional advisors may reasonably request. If the Indemnifying Party does not so respond within such 30 day period, the Indemnifying Party shall be deemed to have rejected such claim, in which case the Indemnified Party shall be free to pursue such remedies as may be available to the Indemnified Party on the terms and subject to the provisions of this Agreement.
Payment Claims The Subcontractor must give the Contractor's Representative claims for payment on account of the Subcontract Price and all other amounts then payable by the Contractor to the Subcontractor under the Subcontract: at the times specified in the Subcontract Particulars until Completion or termination of the Subcontract (whichever is earlier); unless terminated earlier: after Completion, within the time required by clause 11.9; and after the Defects Liability Period, within 28 days (or such longer period agreed in writing by the Contractor's Representative) after the end of the Defects Liability Period; in the format set out in the Schedule of Collateral Documents or in any other format which the Contractor's Representative reasonably requires; which are based on the Table of Variation Rates and Prices to the extent this is relevant; which show separately the amounts (if any) claimed on account of the Subcontract Price and all other amounts then payable by the Contractor to the Subcontractor under the Subcontract; and which set out or attach sufficient details, calculations, supporting documentation and other information in respect of all amounts claimed by the Subcontractor: to enable the Contractor's Representative to fully and accurately determine (without needing to refer to any other documentation or information) the amounts then payable by the Contractor to the Subcontractor under the Subcontract; and including any such documentation or information which the Contractor's Representative may by written notice from time to time require the Subcontractor to set out or attach, whether in relation to a specific payment claim or all payment claims generally.
Paid Claims without Supporting Documentation Any Paid Claim for which Practitioner cannot produce documentation shall be considered an error and the total reimbursement received by Practitioner for such Paid Claim shall be deemed an Overpayment. Replacement sampling for Paid Claims with missing documentation is not permitted.