Government Claims. This insurance does not apply to any damages, Loss, cost or expense arising out of any claim or proceeding made by or on behalf of any governmental authority. This exclusion does not apply to Financial Injury sustained by a governmental authority resulting from their ownership, maintenance or use of the Insured’s Product or Insured’s Service.
Government Claims. Any claim by any government or any authority, department or agency thereof (excluding the State, DIR and the DIR Customers) resulting from Service Provider's failure to comply with its obligations under this Agreement. THE PARTIES AGREE THAT THE INDEMNITIES ABOVE SHALL CONTINUE IN EFFECT EVEN IN THE CASE WHERE A PORTION OF THE DAMAGE IS CAUSED BY THE ACTS OR OMISSIONS (INCLUDING NEGLIGENCE) OF DIR OR DIR CUSTOMERS. HOWEVER, THE PARTIES FURTHER AGREE THAT SERVICE PROVIDER IN NO WAY WAIVES ANY DEFENSE OTHERWISE AVAILABLE TO IT IN ANY SUCH EVENT, INCLUDING THE RIGHT TO ASSERT COMPARATIVE FAULT OF DIR OR DIR CUSTOMERS.
Government Claims. No state of facts exists that would constitute valid grounds for the assertion of a material Claim by a Government Body against any of the SafeNet Corporations for any of the following: (a) defective pricing, (b) FAR and/or CAS noncompliance, (c) fraud or (d) false claims or false statements. To Parent’s knowledge, no state of facts exists that would constitute valid grounds for the assertion of a Claim by a Governmental Body against any of the SafeNet Corporations for either (y) unallowable costs as defined in the FAR at Part 31, including those that may be included in indirect cost claims for prior years that have not yet been finally agreed to by the Governmental Body; or (z) any other monetary Claims relating to the performance or administration by Parent of contracts or subcontracts for any Governmental Body.
Government Claims. Claims for fines, penalties, sanctions, interest or other monetary remedies imposed by a governmental body, regulatory agency or standards organization resulting from Supplier’s failure to perform its responsibilities under this Agreement (in the case of [ * * * ], regardless of whether [ * * * ]).
Government Claims. (A) Upon the Effective Date (as defined below), the Governments shall have allowed claims and expenses (collectively, the “Allowed Government Claims”) against the Debtors’ estates as follows:
(1) An $8,499,773 allowed claim for administrative expenses, entitled to Chapter 11 administrative expense priority under Bankruptcy Code section 503(b)(1), in favor of the United States against MagCorp, as follows (and as summarized in Schedule I(A)(1) hereto):
a. The United States on behalf of EPA shall have an allowed claim for Chapter 11 administrative expenses of $3,406,634 against MagCorp for CERCLA response costs related to the Xxxxxx Site (“Allowed EPA CERCLA Administrative Claim”).
b. The United States on behalf of DOI (for BLM) shall have an allowed claim for Chapter 11 administrative expenses of $4,920,176 against MagCorp for reclamation of the Knolls Facility (“Allowed DOI (BLM) Reclamation Administrative Claim”).
c. The United States on behalf of DOI (for BLM) shall have an allowed claim for Chapter 11 administrative expenses of $61,888 against MagCorp for CERCLA response costs related to the Xxxxxx Site (“Allowed DOI (BLM) CERCLA Administrative Claim”).
d. The United States on behalf of DOI (for FWS and BLM) shall have an allowed claim for Chapter 11 administrative expenses of $42,106 against MagCorp for natural resource damages related to the Xxxxxx Site (“Allowed DOI (BLM and FWS) NRD Administrative Claim”).
e. The United States on behalf of DOI (for BLM) shall have an allowed claim for Chapter 11 administrative expenses of $68,969 against MagCorp for rent related to the Knolls Facility (“Allowed DOI (BLM) Rent Administrative Claim”).
(2) A $73,636,039 allowed general unsecured claim in favor of the U.S. against MagCorp and a $148,027 allowed general unsecured claim in favor of Utah against MagCorp, as follows (and as summarized in Schedule I(A)(2) hereto):
a. The United States on behalf of EPA shall have an allowed general unsecured claim of $2,729,937 against MagCorp for past CERCLA response costs related to the Xxxxxx Site (“Allowed EPA CERCLA Past Response Costs General Unsecured Claim”).
b. The United States on behalf of EPA shall have an allowed general unsecured claim of $68,421,063 against MagCorp for future CERCLA response costs related to the Xxxxxx Site (“Allowed EPA CERCLA Future Response Costs General Unsecured Claim”).
Government Claims. Government claims against a recipient shall be the subject of a written decision by the Agreements Officer.
Government Claims. To the Company’s knowledge, no state of facts exists that would constitute valid grounds for the assertion of a material claim by a Governmental Authority against the Company or any of its subsidiaries for any of the following: (i) defective pricing, (ii) FAR and/or CAS noncompliance, (iii) fraud or (iv) false claims or false statements. To the Company’s knowledge, no state of facts exists that would constitute valid grounds for the assertion of a claim by a Governmental Authority against the Company or any of its subsidiaries for either (y) unallowable costs as defined in the FAR at Part 31, including those that may be included in indirect cost claims for prior years that have not yet been finally agreed to by the Governmental Authority; or (z) any other monetary claims relating to the performance or administration by the Company of contracts or subcontracts for any Governmental Authority.
Government Claims. (a) Any claim by any government or any authority, department or agency thereof (excluding the State, DIR and the DIR Customers) resulting from Successful Respondent’s failure to comply with its obligations under this Agreement.
(b) THE PARTIES AGREE THAT THE INDEMNITIES ABOVE (SECTIONS 1 0.1.1 THROUGH 1 0.1.12) SHALL CONTINUE IN EFFECT EVEN IN THE CASE WHERE A PORTION OF THE DAMAGE IS CAUSED BY THE ACTS OR OMISSIONS (INCLUDING NEGLIGENCE) OF DIR OR DIR CUSTOMERS. HOWEVER, THE PARTIES FURTHER AGREE THAT SUCCESSFUL RESPONDENT IN NO WAY WAIVES ANY DEFENSE OTHERWISE AVAILABLE TO IT IN ANY SUCH EVENT, INCLUDING THE RIGHT TO ASSERT COMPARATIVE FAULT OF DIR OR DIR CUSTOMERS.
Government Claims. Claims for fines, penalties, sanctions, interest or other monetary remedies imposed by a governmental body, regulatory agency or standards organization resulting from Kraft’s failure to perform its responsibilities under this Agreement (in the case of Section [ * * * ], regardless of whether [ * * * ]).
Government Claims. (a) Any claim by any government or any authority, department or agency thereof (excluding the State, DIR and the DCS Customers) resulting from Successful Respondent’s failure to comply with its obligations under this Agreement.
(b) THE PARTIES AGREE THAT THE INDEMNITIES ABOVE (SECTIONS 10.1.1 THROUGH 10.1.12) SHALL CONTINUE IN EFFECT EVEN IN THE CASE WHERE A PORTION OF THE DAMAGE IS CAUSED BY THE ACTS OR OMISSIONS (INCLUDING NEGLIGENCE) OF DIR OR DCS CUSTOMERS. HOWEVER, THE PARTIES FURTHER AGREE THAT SUCCESSFUL RESPONDENT IN NO WAY WAIVES ANY DEFENSE OTHERWISE AVAILABLE TO IT IN ANY SUCH EVENT, INCLUDING THE RIGHT TO ASSERT COMPARATIVE FAULT OF DIR OR DCS CUSTOMERS.
