Handling of Claims Sample Clauses

Handling of Claims. This article describes the obligations imposed on each Bureau when an accident involving a vehicle originating from a foreign country occurs in the territory for which it is competent.

Handling of Claims. Subject to Clauses 7.4, 8.1 and 8.2, if any event occurs which the Purchaser believes that could give rise to the Seller’s liability under Clause 7 and in respect of which the Purchaser has immediate right of recourse against the Seller in accordance herewith, the following provisions shall apply. 8.10.1 Within and not later than 30 (thirty) Business Days after the Purchaser becoming aware of the occurrence of such event, the Purchaser shall give to the Seller a Notice of Claim, and shall provide all reasonable particulars thereof, including (i) the nature of the Claim, (ii) the amount of Losses constituting the subject matter of the Claim hereunder (to the extent known or reasonably computable at the date of such notice), and (iii) the provision(s) of this Agreement on the basis of which such amount is claimed. The Notice of Claim shall also specify whether it arises from a claim by a person (including, for the avoidance of doubt, any notice by any public Authority of any actual or alleged infringement of any Law) against the Purchaser or the Company (a “Third Party Claim”) or whether the Notice of Claim is asserted directly by the Purchaser (a “Direct Claim”). For sake of clarity, the failure of Purchaser to provide a timely Notice of Claim pursuant to this Agreement shall not reduce or otherwise impact the Seller’s liability for such Claim unless the Seller suffers direct, material prejudice as a result of such failure or delay and in such case, only to the extent of any such prejudice. 8.10.2 The Seller shall have the right to challenge in writing the Notice of Claim within 30 (thirty) Business Days from the receipt thereof, specifying the subject matter of the Seller’s disagreement and its reasons, together with all reasonable details thereto, provided that, if the Seller fails to timely challenge such Notice of Claim within the term provided in this Paragraph, without prejudice to any other right or remedy of the Purchaser, any claims of the Purchaser contained therein shall be deemed expressly acknowledged and accepted by the Seller, and the Seller shall pay the Purchaser the amount specified in such Notice of Claim within, and no later than, the tenth (10th) Business Day following the expiry of the 30 Business Day period referred to above. 8.10.3 With respect to any Notice of Claim, during a period of 20 (twenty) Business Days following the notice by the Seller under the preceding paragraph 8.10.2, the Seller and the Purchaser will attempt to resol...

Handling of Claims. Unless it is agreed in the circumstances that it is more appropriate for another Party to handle the relevant claim, any claims made in connection with NPoCC or the functions to be carried out by NPoCC (including the hosting arrangements carried out by the Host Force) shall be handled by the Host Force. The Host Force shall consult with the Head of NPoCC on the way in which any claim should be handled.

Handling of Claims. The Parties agree, to the extent authorized under the constitution and laws of the State of Texas and without waiving any immunity, right, protection, or defense therein, that each shall be individually responsible for any and all claims for damages, cost, and expenses to person or persons and property that may arise out of or be occasioned by the intentional or negligent act or omission of its respective officials, agents, representatives, and employees in the performance of this Agreement, including but not limited to their acts of negligence or omission in the provision of public library services, including the cloud based services that are the subject to this Agreement. The Parties agree that each shall be liable only for damages, including attorneys’ fees and costs, related to or arising out of the intentional or negligent act or omission of their respective officials, agents, representatives, and employees in the performance of this Agreement.

Handling of Claims. Where the Insurer has admitted its liability under the policy, it shall be entitled, at its discretion, to take over and conduct in the name of the Insured, the defense or settlement of any Claim and to prosecute and receive in the name of the Insured any indemnity, compensation, contribution, damages. The Insurer shall have absolute discretion concerning the conduct of all proceedings or with regard to the settlement of any Claim and the Insured shall give all such information and assistance as the Insurer may require regarding the matters mentioned herein. It is also agreed that the Insurer shall to the best of its ability cooperate with the Insured in order not to prejudice the Insured’s reputation or cause him any damage.

Handling of Claims. Claims shall be handled following one of the following procedures, at the sole discretion of FIMER: • Return and repair • Replacement with a reconditioned device • Early replacement with new, repaired or equivalent Product at the sole discretion of FIMER (with ASSURE Warranty only) • On-site repair • Possible reimbursement, at the sole discretion of FIMER The above Warranties are exclusive and supersede any other quality and performance warranties, whether written, verbal or implicit; any other guarantees, including any implied warranties of merchantability or fitness for a particular purpose, are hereby excluded by FIMER. The handling of the claims shall be subject to the conditions and terms set out in Article 9 below.

Handling of Claims. Claims shall be handled following one of the following procedures, at the sole discretion of FIMER: • Return and repair • Replacement with a reconditioned device • Early replacement with new, repaired or equivalent Product at the sole discretion of FIMER (with ASSURE Warranty only) • On-site repair • Possible reimbursement, at the sole discretion of FIMER The above Warranties are exclusive and supersede any other quality and performance warranties, whether written, verbal or implicit; any other guarantees, including any implied warranties of merchantability or fitness for a particular purpose, are hereby excluded by FIMER. The handling of the claims shall be subject to the terms and conditions set out in Article 15.3 below.

Handling of Claims. If any third party claim is asserted in circumstances which give or may give rise to a right of indemnification under this Article 5, the Party against whom the claim is asserted shall forthwith give written notice thereof to the other Parties, and the Parties shall consult and cooperate in respect thereof in determining whether the claim and any legal proceedings relating thereto should be resisted, compromised or settled. Each Party shall make available to the others all information in its possession or to which it has access and which it is legally entitled to disclose which is or may be relevant to the claim. No such claim shall be settled or compromised without the written consent of the indemnifying Party hereunder, which consent shall not be unreasonably withheld. If any claim relates exclusively to a matter for which only one Party is liable, and in respect of which there is no right of indemnification hereunder, such Party shall have exclusive conduct of the claim and all legal proceedings relating thereto.

Handling of Claims. If the Executive has any knowledge of any actual or threatened Claim as to which the Executive may request indemnity under this Agreement, the Executive will give the applicable Company prompt written notice thereof; provided, that the failure to give such notice shall not affect the Executive’s right to indemnification. Such Company shall be entitled to assume the defense of any such Claim and the Executive will use reasonable efforts to cooperate with such defense. To the extent that the Executive in good faith determines that there is an actual or potential conflict of interest between a Company and the Executive in connection with the defense of a Claim, the Executive shall so notify such Company and shall be entitled to separate representation at the Company’s expense by counsel selected by the Executive (provided that the Company may reasonably object to the selection of counsel within ten (10) business days after notification thereof) which counsel shall cooperate, and coordinate the defense, with the Company’s counsel and minimize the expense of such separate representation to the extent consistent with the Executive’s separate defense. No Company shall be liable for any settlement of any Claim effected without its prior written consent.

Handling of Claims. OpCo shall procure that the Main Works Contractors comply with the requirements of the claims handling manual in accordance with the terms of the Main Works Contracts as at the date of this Agreement (the "Claims Handling Manual").