Common use of Joining Third Party Beneficiary Claims Clause in Contracts

Joining Third Party Beneficiary Claims. Upon receipt of any notice of a Material Breach by a Licensee (“Defendant”) from CI Plus LLP. The Third-Party Beneficiary shall, subject to section 3.3.2, elect whether to join a Third-Party Beneficiary Claim and provide notice to CI Plus LLP no later than sixty (60) sixty days after being notified by CI Plus LLP of a Licensee’s Material Breach. The failure by a Third-Party Beneficiary to provide such notice to CI Plus LLP within the allotted sixty (60) day period shall mean that such Third-Party Beneficiary shall not be a Third-Party Beneficiary with respect to all contract claims it may have against Defendant arising out of the alleged breach asserted pursuant to the notified Third-Party Beneficiary Claim. Judgement entered upon such Third-Party Beneficiary Claims shall be binding on all Third-Party Beneficiaries, who received notice from CI Plus LLP as if they had joined such Third-Party Beneficiary Claim. Neither Third-Party Beneficiary’s failure to notify and consult with CI Plus LLP, nor CI Plus LLP’s failure to give notice to any Third-Party Beneficiary in accordance with these Third-Party Beneficiary Claim procedures shall be a defence to any Third-Party Beneficiary Claim or grounds for a request to delay the granting of preliminary relief requested.