Existing Claims. Tenant represents and warrants that there are no existing claims or causes of action against Landlord arising out of the Lease, either currently or that would exist with the giving of notice or with the passage of time, nor are there any existing defenses that Tenant has against the enforcement of the Lease by Landlord.
Existing Claims any claim:
a) made, threatened or intimated against you prior to the period of insurance;
b) liability, loss or defence costs directly or indirectly arising out of, or in any way involving any fact or circumstance:
i) of which written notice has been given under any previous policy (whether insured by us or not); or
ii) of which you first became aware prior to the period of insurance and which you knew or ought reasonably to have known had the potential to give rise to a claim or loss.
Existing Claims. Each of Sellers acknowledges and agrees that, as of the date of this Agreement, (a) the Archstone Entities have suffered Losses in connection with the Acquisition Litigation, including legal fees and related expenses, and (b) Sellers shall be responsible for indemnifying and holding harmless the Buyer Indemnified Parties in accordance with Section 12.2.2 solely for Losses incurred from and after September 30, 2011.
Existing Claims. 3.1. In this paragraph “Claim” means a dispute which today is the subject of arbitration, adjudication, litigation or tribunal decision ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ - ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■
Existing Claims. Lessee agrees and acknowledges that to the actual knowledge of Lessee there are no existing claims or causes of action against Lessor arising out of the Lease, either currently or which would exist with the giving of notice or with the passage of time, nor are there any existing defenses which Lessee has against the enforcement of the Lease by Lessor.
Existing Claims. Landlord and Tenant each acknowledge that there are no existing monetary claims or causes of action against the other arising out of the Lease, either currently or which would exist with the giving of notice or with the passage of time, nor are there any existing defenses which either party has against the enforcement of the Lease by the other.
Existing Claims. The Company represents that it has not filed any lawsuits, charges, complaints or claims against Executive in any court or with any governmental agency regarding any of the matters released by it. Likewise, the Executive represents that he has not filed any lawsuits, charges, complaints or claims against the Company in any court or with any governmental agency regarding any of the matters released by him.
Existing Claims. Except as set forth in Schedule EA 4.1(b), and except for Environmental Claims that have been fully and finally resolved, to the Knowledge of Hercules, GES and HDES, no Environmental Claim has been asserted or threatened: (i) with respect to any alleged violation of any Environmental Laws applicable to the HAC Facilities and the HAC Business or the terms and conditions of Environmental Permits necessary for the operation of the HAC Facilities and the HAC Business; (ii) with respect to any alleged failure to have any Environmental Permits necessary for the operation of the HAC Facilities or the HAC Business; or (iii) with respect to any generation, treatment, storage, recycling, transportation, disposal or Release of any Hazardous Substance generated in connection with the HAC Facilities or the HAC Business.
Existing Claims. Except as set forth in Schedule EA 4.2(c), and except for Environmental Claims that have been fully and finally resolved, to Alliant's Knowledge, no Environmental Claim has been asserted or threatened with respect to any: (i) alleged violation by Alliant of any Environmental Laws or the terms and conditions of any Environmental Permits issued to Alliant; (ii) alleged failure by Alliant to have any Environmental Permits; or (iii) generation, treatment, storage, recycling, transportation, disposal or Release of any Hazardous Substance generated by Alliant.
Existing Claims. On November 2, 2010, MonoSol Rx, LLC (“MonoSol”) filed an action against BDSI Parent and its ONSOLIS® film (a BEMA-based product incorporating fentanyl) commercial partners in the Federal District Court of New Jersey (“DNJ”) for alleged patent infringement. The litigation is captioned MonoSol RX, LLC v. Biodelivery Sciences International, Inc., Meda Pharmaceuticals Inc. and Aveva Drug Delivery Systems, Inc., U.S.D.C. D. N.J., Civil No. 10-cv-5695 (the “Litigation”). BDSI Parent was formally served in this matter on January 19, 2011. MonoSol claims that its manufacturing process for ONSOLIS® film, which has never been disclosed publicly and which BDSI, BDSI Parent, and our partners maintain as a trade secret, infringes its patent (United States Patent No. 7,824,588). MonoSol’s complaint includes a claim of false marking. Of note, the BEMA technology itself is not at issue in the case, but rather only the manner in which ONSOLIS , which incorporates the BEMA technology, is manufactured. MonoSol seeks unspecified damages, attorney’s fees and an injunction preventing future infringement of MonoSol’s patents.
