Notices and Claims. Promptly after receipt by an indemnified party under subsection (a) or (b) above of notice of the commencement of any action, such indemnified party shall, if a claim in respect thereof is to be made against an indemnifying party under this Section 5, notify such indemnifying party in writing of the commencement thereof; but the omission to so notify the indemnifying party shall not relieve it from any liability which it may have to the indemnified party otherwise than under this Section 5. In case any such action shall be brought against any indemnified party and it shall notify an indemnifying party of the commencement thereof, such indemnifying party shall be entitled to participate therein and, to the extent that it shall wish, jointly with any other indemnifying party similarly notified, to assume the defense thereof, with counsel reasonably satisfactory to such indemnified party (who shall not, except with the consent of the indemnified party, be counsel to the indemnifying party) and, after notice from the indemnifying party of its election so to assume the defense thereof, such indemnifying party shall not be liable to such indemnified party under this Section 5 for any legal expenses of other counsel or any other expenses, in each case subsequently incurred by such indemnified party, in connection with the defense thereof other than reasonable costs of investigation. No indemnifying party shall, without the written consent of the indemnified party, effect the settlement or compromise of, or consent to the entry of any judgment with respect to, any pending or threatened action or claim in respect of which indemnification or contribution may be sought hereunder (whether or not the indemnified party is an actual party to such action or claim) unless such settlement, compromise or judgment (i) includes an unconditional release of the indemnified party from all liability arising out of such action or claim and (ii) does not include a statement as to, or an admission of, fault, culpability or a failure to act, by or on behalf of any indemnified party.
Notices and Claims. All notices and Claims shall be made in writing as required by the Agreement.
13.4.1 Any notice of a Claim of the Contractor against KCDA or the Client and any Claim of the Contractor, whether under the Agreement or otherwise, must be made pursuant to and in strict accordance with the applicable provisions of the Contract Documents. Failure to comply with these requirements shall constitute waiver of the Claim. No act, omission, or knowledge, actual or constructive, of KCDA, the Client, or the A/E shall in any way be deemed to be a waiver of the requirement for timely written notice and a timely written Claim unless KCDA, the Client, and the Contractor sign an explicit, unequivocal written waiver approved by KCDA and the Client's Board of Directors.
13.4.2 The fact that KCDA, the Client, and the Contractor may continue to discuss or negotiate a Claim that has or may have been defective or untimely under the Contract shall not constitute waiver of the provisions of the Contract Documents unless KCDA, the Client, and Contractor sign an explicit, unequivocal written waiver approved by the Client's board of directors.
13.4.3 The Contractor expressly acknowledges and agrees that the Contractor's failure to timely submit required notices or timely submit Claims has a substantial impact upon and prejudices KCDA and the Client, including but not limited to the inability to fully investigate or verify the Claim, mitigate damages, choose alternative options, adjust the budget, delete or modify the impacted Work, and/or monitor time, cost and quantities. For these and other reasons, the parties stipulate that KCDA and the Client are prejudiced by the Contractor's failure to timely submit notices or Claims as required by the Contract Documents.
Notices and Claims. The Debtor shall promptly furnish to ZCC III copies of any notice relating to any of the Insurance Coverages and received by the Debtor from any of the Insurance Coverages. The Debtor shall promptly file all necessary claims under the Insurance Coverages after consultation with ZCC III and in accordance with all of the applicable terms and conditions of such Insurance Coverages. The Debtor and ZCC III agree to cooperate to the extent reasonably necessary in the preparation and verification of such claims.
Notices and Claims. Prior to rendering services to a Participant or Insured, the Participating Attorney shall submit a written request to Texas Legal for authorization of the proposed services and receive confirmation of the availability of coverage for proposed services. At the same time, Participating Attorney shall also identify every person who will provide the proposed services and obtain approval of any person that is not a Participating Attorney. Texas Legal will promptly respond to such requests. Claims submitted for services that were not authorized by Texas Legal will be denied. The Participating Attorney shall submit interim status reports that Texas Legal may from time to time reasonably request.
Notices and Claims. Any written notices or claims, warnings of the Parties to each other shall be submitted: by hand or by mail; by e-mail or to one of the following addresses: For the Fund: 010000, Nur-Sultan, 00 Xxxxxxxxxxx Xxx., 0xx xxxxx, tel.: +0 0000 00-00-00, xxxx@xxxxxxx-xxxx.xx. For the Grant Recipient: _______________________________________. In the event of claims, disputes, disagreements regarding the performance by one of the Parties of their obligations, the other Party may file a claim. With respect to all claims sent under this Agreement, the Party to which this claim is addressed shall provide a written response on the merits of the claim within 15 calendar days from the date of its receipt. The notice shall take effect upon delivery or on the specified effective date (if specified in the notice), whichever is later.
Notices and Claims. Any notice or claim should be in writing and sent to one of the sales department addresses published on the Web Page under "Contacts". Any communication to the Customer by Xxxxxxx will be sent to the address specified by the Customer at the time of registration.
Notices and Claims. Applicable Section 3.1.1 Building Information Modeling Not Applicable Not Applicable Closeout Documents Applicable Section 3.1.1
Notices and Claims. The Principal Vendor is not aware of any matter which could lead to a notice, complaint or requirement being issued or formally made by any competent authority or undertaking exercising statutory or delegated powers in relation to the Property.
Notices and Claims. Service Provider will notify Company immediately of any governmental or third party communication (including any FDA form 483), inspection report, warning letter, citation, indictment, claim, lawsuit or proceeding issued or instituted against Service Provider or any of its Affiliates, or of any revocation of any license or permit issued to Service Provider or any of its Affiliates, to the extent that any such occurrence relates directly to Service Provider’s performance hereunder.
