Opportunity to Contest Sample Clauses
Opportunity to Contest. (a) If an Indemnified Party asserts, or may in the future seek to assert, a claim for indemnification hereunder because of a claim or demand made, or an action, proceeding or investigation instituted, by any Person not a party to this Agreement (a "THIRD PARTY CLAIMANT") that may result in a Loss with respect to which the Indemnified Party would be entitled to indemnification pursuant to this Article 5 (a "THIRD PARTY CLAIM"), the Indemnified Party shall deliver to the Indemnifying Party a Claims Notice with respect thereto, which Claims Notice shall, in accordance with the provisions of Section 5.3, be delivered as promptly as practicable after such Third Party Claim is actually known to the Indemnified Party. Failure to deliver a Claims Notice with respect to a claim in a timely manner as specified in the preceding sentence shall not be deemed a waiver of the Indemnified Party's right to indemnification hereunder for Losses in connection with such claim, but the amount of reimbursement to which the Indemnified Party is entitled shall be reduced by the amount, if any, by which the Indemnified Party's Losses would have been less had such Claims Notice been timely delivered.
(b) The Indemnifying Party shall have the right, upon written notice to the Indemnified Party, to investigate, contest, defend or settle any Third Party Claim that may result in a Loss with respect to which the Indemnified Party is entitled to indemnification pursuant to this Article 5; PROVIDED, that the Indemnified Party may, at its option and at its own expense, participate in the investigation, contesting, defense or settlement of any such Third Party Claim through representatives and counsel of its own choosing; and, PROVIDED FURTHER, that the Indemnifying Party shall not settle any Third Party Claim unless (i) such settlement is on exclusively monetary terms and provides a complete release of, or dismissal with prejudice of, all claims against any Indemnified Party potentially affected by such Third Party Claim for all matters that were or could have been asserted in connection with such claim, or (ii) the Indemnified Party shall have consented to the terms of such settlement, which consent shall not unreasonably be withheld, conditioned or delayed. If requested by the Indemnifying Party, the Indemnified Party will, at the expense of the Indemnifying Party, cooperate with the Indemnifying Party and its counsel in contesting any Third Party Claim or, if appropriate and related to t...
Opportunity to Contest. State Agencies will not terminate, suspend, reduce, deny, or take other adverse action against an applicant for or recipient of federally funded, state-administered benefits based on data disclosed by SSA from its SORs until the individual is notified in writing of the potential adverse action and provided an opportunity to contest the planned action. “
Opportunity to Contest. Subject to the provisions of Sections 11.07 and 11.08, the Indemnifying Party may elect to compromise or contest, at its own expense and by its own counsel, any Asserted Liability. If the Indemnifying Party elects to compromise or contest such Asserted Liability, it will within 30 days after receiving notice of the claim from Indemnitee (or sooner, if the nature of the Asserted Liability so requires) notify the Indemnitee or Indemnitees in writing of its intent to do so, and the Indemnitee will cooperate, at the expense of the Indemnifying Party, in the compromise or contest of such Asserted Liability. If the Indemnifying Party elects not to compromise or contest the Asserted Liability, fails to so notify the Indemnitee of its election as herein provided or contests its obligation to indemnify under this Agreement, the Indemnitee (upon further notice to the Indemnifying Party) will hereafter have the right to pay, compromise or contest such Asserted Liability on behalf of and for the account and risk of the Indemnifying Party, subject to the right of the Indemnifying Party to assume the compromise or contest of such Asserted Liability at any time before final settlement or determination thereof. In any event, the Indemnitee and the Indemnifying Party may participate, at their own expense, in the contest of such Asserted Liability. If the Indemnifying Party chooses to contest any Asserted Liability, the Indemnitee will make available to the Indemnifying Party any books, records or other documents within its control that are necessary or appropriate for, will make its officers and employees available, on a basis reasonably consistent with their other duties, in connection with, and will otherwise cooperate with, such defense.
Opportunity to Contest. Before taking any adverse action based on the information received from the match, OPM will provide all the annuitants for whom OPM decides such adverse action is necessary, with the following information:
1. OPM has received information from SSA that indicates that an adverse action affecting the annuitant’s payment is necessary.
2. The effective date of any adjustment or overpayment that may result.
3. The individual has 30 days to contest any adverse decision.
4. Unless the individual responds to contest the proposed adverse action in the required 30-day time period, OPM will conclude that the information provided by SSA is correct, and will make the necessary adjustment to the annuitant’s payment.
Opportunity to Contest. Before taking any adverse action based on the information received from the match, SSA will provide all individuals for whom SSA decides such adverse action is necessary with the following information:
1. SSA has received information from DHS pertaining to the noncitizen’s voluntary absence or removal from the United States that indicates specified adverse action is necessary.
2. SSA will provide information that indicates the necessity for an adverse action to the individual receiving Title XVI payments or Title II benefits and the effective date of any adjustment or overpayment that may result. • Notice language for absences related to Title XVI.4 • Notice language for absences related to Title II.5 6
3. The individual has 60 days from the date of the notice to contact SSA and contest the adverse decision. SSI recipients who file an appeal within 10 days of receiving the notice will automatically receive payment continuation.
4. Unless the individual notifies SSA within the time period specified, SSA will conclude that the data provided by DHS is correct and will make the necessary adjustment to the individual's RSDI or SSI benefits. To ensure SSA does not act without verification, the agency also has a policy in place for incorrect, missing or questioning removal data even if the individual does not contest.7 The N03 or N23 policy would apply for Title XVI recipients, as Claims Specialists would have a high level of confidence in the third-party report via this Agreement.8
Opportunity to Contest. 30 SECTION 8.6 SETTLEMENT..................................................................................30 SECTION 8.7
Opportunity to Contest. 1. If CMS has verified the adverse information, CMS shall provide the individual with notice and an opportunity to contest before taking adverse action. The notice shall inform the individual of the relevant information and give the individual an opportunity to provide an explanation.
2. Individuals shall have 30 days to respond to a notice of adverse action, unless a statute or regulation provides a different period of time. For additional guidance on notice and opportunity to contest, agencies shall consult Final Guidance Interpreting the Provisions of Public Law I 00-503, the Computer Matching and Privacy Protection Act of 1988, 54 Fed. Reg. 25818, 25827 (June 19, 1989).
Opportunity to Contest. 19 11.06 Disputes with Customers or Suppliers..........................20
Opportunity to Contest. 1. If Commercial Operations Division has verified the adverse information, Commercial Operations Division shall provide the individual with notice and an opportunity to contest before taking adverse action. “Adverse action” means any action resulting in a termination, suspension, reduction, or final denial of eligibility, payment, or benefit.
Opportunity to Contest. Subject to the provisions of Section 22.5 ---------------------- hereof, the Indemnifying Party may elect to compromise or contest, at its own expense and with counsel reasonably acceptable to the Indemnified Party, any Asserted Liability. If the Indemnifying Party elects to compromise or contest such Asserted Liability, it shall, within twenty (20) days (or sooner, if the nature of the Asserted Liability so requires), notify the Indemnified Party of its intent to do so by sending a notice to the Indemnified Party (the "Contest Notice"), and the Indemnified Party shall cooperate, at the expense of the Indemnifying Party, in the compromise or contest of such Asserted Liability. If the Indemnifying Party either (i) elects not to compromise or contest the Asserted Liability, (ii) fails to notify the Indemnified Party of its election as herein provided, or (iii) contests its obligation to indemnify under this Agreement, then in any such case the