Common use of Qualifying Program Claimant Status as Eligible Claimants Clause in Contracts

Qualifying Program Claimant Status as Eligible Claimants. A Person who has been determined or deemed to be a Qualifying Program Claimant pursuant to this Article 2 shall be deemed, for all purposes of Article 3 through and including Article 5 to constitute an “Eligible Claimant” and a “Qualifying Program Claimant” notwithstanding that such Person, for whatever reason, did not meet the Eligibility Requirements. Such Person shall not, however, for the avoidance of doubt, be deemed for purposes of Section 10.4 or Section 10.5 to be an “Eligible Claimant” or a “Qualifying Program Claimant”. Nothing in this Section 2.9 limits Merck’s rights and remedies in the event of fraud or other intentional misconduct.