Payment for Claims. The Contractor guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Contractor or any employee, agent, subcontractor, assignee or delegate in connection with the Purchase Order.
Payment for Claims. The Vendor guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Vendor or any subcontractor, in connection with the Agreement. The Department's final acceptance and payment does not release the Vendor's bond until all such claims are paid or released.
Payment for Claims. The Vendor guarantees the payment of all just claims for materials, supplies, tools, or labor and other just claims against the Vendor or any subcontractor, assignee or delegate in connection with the SA/P/R.
Payment for Claims. All claims of Holding Company against the Escrow Fund shall be paid pro rata out of shares of [Shares] and [Cash] held in the Escrow Fund. Shares shall be valued based upon the most recent trading price of any of Holding Company's registered and outstanding common shares, and in the case of Preferred Shares, using the conversion ratio then applicable.
Payment for Claims. The STP guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against the STP or any subcontractor, in connection with the Agreement. The Commission’s final acceptance and payment does not release the STP’s responsibilities until all such claims are paid or released.
Payment for Claims. RIDE RIGHT guaranties the payment of all just claims for materials, supplies, tools, or labor and other just claims against RIDE RIGHT or any subcontractor, in connection with the Agreement. The COUNTY’s final acceptance and payment does not release RIDE RIGHT’s responsibilities until all such claims are paid or released.
Payment for Claims. All claims of Parent against the Escrow Fund shall be paid to Parent out of the assets held in the Escrow Fund in the following order of priority: (A) first, to the extent of any cash held in the Escrow Fund; (B) second, to the extent of any assets other than cash and shares of Parent Common Stock which are to be sold or liquidated for the purpose of paying such claims; and (C) third, shares of Parent Common Stock, which shares for such purposes shall be valued at the average closing price per share of Parent Common Stock as reported on the Nasdaq Stock Market (or the NASD's electronic bulletin board, for any day that Parent Common Stock is not eligible for trading on the Nasdaq Stock Market) for the ten trading days immediately preceding the third business day prior to the date of such withdrawal from the Escrow (the "Average Closing Price") (which per share price shall be adjusted for any stock dividend or stock split or similar recapitalization); provided, however, that in the event that the Average Closing Price is unavailable or can not be so calculated, the value of any shares of Parent Common Stock shall be determined by the mutual agreement of Parent and the Stockholder Representative, and in the event such an agreement can not be reached, by arbitration in accordance with Section 4(c) hereof . In the event that assets other than cash and shares of Parent Common Stock are required to be sold to pay a claim of Parent in the amount and at the date determined in accordance with this Section 4, the Escrow Agent shall so notify both Parent and the Stockholder Representative and Parent shall have twenty (20) days from the time the Escrow Agent delivers notice thereof to instruct the Escrow Agent as to which non-cash assets of the Escrow Fund are to be sold or liquidated for the purpose of paying the claim.
Payment for Claims. Benefits provided under this certificate will be payable to participating professionals or service providers if the insured has received services that, even if rendered by participants, are paid through reimbursement, provided all required reports are submitted to MCS Life.
Payment for Claims. All Losses owed by the Indemnifying Party to the Indemnified Party shall be paid in full within ten (10) Business Days after a final judgment (without further right of appeal) determining the amount owed is rendered, or after a final settlement or agreement as to the amount owed is executed, unless otherwise provided in such final settlement or agreement.
Payment for Claims. (a) If Party B should demand payment in writing from the Escrow Agent of any specified amount claimed by it under the Stock Purchase Agreement for any Potential Claim to be chargeable against the Escrow Fund, Party B shall give written notice of such Potential Claim and the amount thereof, along with detailed payment instructions, to Party A at the address set forth herein. Immediately thereafter Party B shall provide to the Escrow Agent at the address set forth herein a copy of such written notice and detailed payment instructions along with evidence that Party A received the written notice, which evidence, as specified in Section 11, shall be a written confirmation of receipt of personal hand delivery, a written confirmation of facsimile transmission or a written confirmation of receipt of overnight courier delivery.
(b) Within ten (10) days from the date on which Party A receives such written notice from Party B, Party A shall either (i) instruct the Escrow Agent in writing to pay the amount of such Potential Claim or (ii) deliver written notice not to pay the Potential Claim pending resolution of any dispute with respect thereto in accordance with the applicable dispute resolution provisions of the Stock Purchase Agreement. Party A will simultaneously deliver a copy of such instructions or notice, as the case may be, to Party B. If Party A fails to provide Escrow Agent with written instructions specified in clause (i) or (ii) within ten (10) days from the date on which Party A receives from Party B, the written notice specified in Section 4(a) Escrow Agent shall, as soon as practicable, make payment of the claim to Party B from the Escrow Fund.
(c) The Escrow Agent shall, as soon as practicable following receipt of Party B’s notice pursuant to Section 4(a) and Party A’s instructions pursuant to Section 4(b)(i) to pay such Potential Claim, make payment of the claim to Party B from the Escrow Fund.
(d) If Party A instructs the Escrow Agent within such ten (10) day period provided in Section 4(b) not to pay the Potential Claim, the Escrow Agent shall continue to hold the portion of the Escrow Amount subject to such Potential Claim, pending
(i) joint written direction from Party A and Party B; or
(ii) upon receipt of written instructions signed by Party B and accompanied by a written determination or award of the arbitrators made pursuant to the provisions of Sections 3.3 or 10.3 of the Stock Purchase Agreement; or
(iii) until the Escrow Agent has received...
