Joining Adopter Beneficiary Claims. Upon receipt of any notice of an Adopter Beneficiary Claim against a defendant (“Defendant”), CI Plus TA shall provide timely notice only to such Adopter Beneficiaries who have a right to make the same Adopter Beneficiary Claim. Within thirty (30) calendar days of such notice, each Adopter Beneficiary shall elect whether to join the Adopter Beneficiary Claim and provide notice of intent to join such Adopter Beneficiary Claim to CI Plus TA. Each Adopter Beneficiary shall make its own decision on whether to join the Adopter Beneficiary Claim or not. The failure by a particular Adopter Beneficiary to provide notice to CI Plus TA and to move to join such Adopter Beneficiary Claim within the allotted thirty (30) calendar day period shall be deemed a waiver of such party’s right to be a Adopter Beneficiary under its applicable agreement with respect to all claims it may have against Defendant arising out of the alleged breach asserted pursuant to the notified Adopter Beneficiary Claim. The Adopter Beneficiary instituting or initiating a Adopter Beneficiary Claim shall support, and Defendant shall not object to, any motion by another Adopter Beneficiary to so join provided it is instituted within the thirty (30) calendar day period following notice by CI Plus TA of a Adopter Beneficiary Claim. Judgment entered upon such Adopter Beneficiary Claims shall be binding on all Adopter Beneficiaries, who received notice from CI Plus TA as if they had joined such Adopter Beneficiary Claim. Neither Adopter Beneficiary’s failure to notify and consult with CI Plus TA, nor CI Plus TA’s failure to give notice to any Adopter Beneficiary in accordance with these Adopter Beneficiary Claim procedures shall be a defense to any Adopter Beneficiary Claim or grounds for a request to delay the granting of preliminary relief requested.
Appears in 4 contracts
Samples: Content Distributor Agreement, Content Distributor Agreement, Content Distributor Agreement
Joining Adopter Beneficiary Claims. Upon receipt of any notice of an Adopter Beneficiary Claim against a defendant (“Defendant”), CI Plus TA shall provide timely notice only to such Adopter Beneficiaries who have a right to make the same Adopter Beneficiary Claim. Within Not later than thirty (30) calendar days of such notice, each Adopter Beneficiary shall elect whether to join the Adopter Beneficiary Claim and provide notice of intent to join such Adopter Beneficiary Claim to CI Plus TA. Each Adopter Beneficiary shall make its own decision on whether to join the Adopter Beneficiary Claim or not. The failure by a particular Adopter Beneficiary to provide notice to CI Plus TA and to move to join such Adopter Beneficiary Claim within the allotted thirty (30) calendar day period shall shall, so far as CI Plus TA may procure using its reasonable endeavours be deemed a waiver of such party’s right to be a Adopter Beneficiary under its applicable agreement with respect to all claims it may have against Defendant arising out of the alleged breach asserted pursuant to the notified Adopter Beneficiary Claim. The Adopter Beneficiary instituting or initiating a Adopter Beneficiary Claim shall may so far as CI Plus TA may procure using its reasonable endeavours, support, and Defendant shall not object to, any motion by another Adopter Beneficiary to so join join, provided it the motion is instituted within initiated no later than the thirty (30) calendar day period following notice by CI Plus TA of a Adopter Beneficiary Claim. Judgment entered upon such Adopter Beneficiary Claims shall shall, so far as CI Plus TA may procure using its reasonable endeavours, be binding on all Adopter Beneficiaries, who received notice from CI Plus TA as if they had joined such Adopter Beneficiary Claim. Neither Adopter Beneficiary’s failure to notify and consult with CI Plus TA, nor CI Plus TA’s failure to give notice to any Adopter Beneficiary in accordance with these Adopter Beneficiary Claim procedures shall be a defense defence to any Adopter Beneficiary Claim or grounds for a request to delay the granting of preliminary relief requested.
Appears in 1 contract
Samples: Content Distribution Agreement
Joining Adopter Beneficiary Claims. Upon receipt of any notice of an Adopter Beneficiary Claim against a defendant (“Defendant”), CI Plus TA shall provide timely notice only to such Adopter Beneficiaries who have a right to make the same Adopter Beneficiary Claim. Within Not later thanWithin thirty (30) calendar days of such notice, each Adopter Beneficiary shall elect whether to join the Adopter Beneficiary Claim and provide notice of intent to join such Adopter Beneficiary Claim to CI Plus TA. Each Adopter Beneficiary shall make its own decision on whether to join the Adopter Beneficiary Claim or not. The failure by a particular Adopter Beneficiary to provide notice to CI Plus TA and to move to join such Adopter Beneficiary Claim within the allotted thirty (30) calendar day period shall shall, so far as CI Plus TA may procure using its reasonable endeavours be deemed a waiver of such party’s right to be a Adopter Beneficiary under its applicable agreement with respect to all claims it may have against Defendant arising out of the alleged breach asserted pursuant to the notified Adopter Beneficiary Claim. The Adopter Beneficiary instituting or initiating a Adopter Beneficiary Claim shall shall][may] so far as CI Plus TA may procure using its reasonable endeavours, support, and Defendant shall not object to, any motion by another Adopter Beneficiary to so join join, provided it the motionit is instituted within initiated no later thanwithin the thirty (30) calendar day period following notice by CI Plus TA of a Adopter Beneficiary Claim. Judgment entered upon such Adopter Beneficiary Claims shall shall, so far as CI Plus TA may procure using its reasonable endeavours, be binding on all Adopter Beneficiaries, who received notice from CI Plus TA as if they had joined such Adopter Beneficiary Claim. Neither Adopter Beneficiary’s failure to notify and consult with CI Plus TA, nor CI Plus TA’s failure to give notice to any Adopter Beneficiary in accordance with these Adopter Beneficiary Claim procedures shall be a defense defence to any Adopter Beneficiary Claim or grounds for a request to delay the granting of preliminary relief requested.
Appears in 1 contract
Samples: Content Distributor Agreement