Real Party in Interest. If a Member files suit against Contractor regarding eligibility, enrollment or coverage that is the legal administrative responsibility of the Department without previously requesting an administrative hearing pursuant to Chapter 120, Florida Statutes, Contractor shall file a motion to dismiss or any other appropriate motions and shall notify the Department of its action. Contractor shall, when possible, notify the Department prior to the filing of such motion and shall notify the Department no later than seven (7) Business Days after the filing of any such motion. Prior to filing any such motions, Contractor shall, when possible, advise the party filing the suit, as appropriate, that issues regarding eligibility, enrollment, or coverage that is the legal administrative responsibility of the Department require the exhaustion of administrative remedies and/or in such instances the real party in interest is the Department. In reference to legal proceedings regarding eligibility, enrollment, or coverage that is the legal administrative responsibility of the Department, the Department may support Contractor’s motions, as specified in this subsection, to drop Contractor and/or to substitute the Department, if the Department is not already a party to the lawsuit, as the real party in interest when requested by Contractor. If the Department is a codefendant in any such lawsuit, the Department may support any appropriate motion(s) to drop Contractor from the lawsuit.
Real Party in Interest. TSI Contractor is the legal and valid holder of the interest attributed to TSI Contractor under the Contract.
Real Party in Interest. Fartaj represents and warrants that he is and at all relevant times has been the real party in interest with respect to any and all Released Claims, represents and warrants that no other individual and/or entity has a lien, claim, or interest in Xxxxxx's Released Claims or potential claims, and represents and warrants that Xxxxxx has not assigned or transferred or purported to assign or transfer by operation of law or otherwise, to any person or entity, any claim embraced in this Agreement, or any portion or interest in any such claim. Xxxxxx agrees to indemnify the PennyMac Entities and the PennyMac Released Parties (individually and/or severally), and to defend and hold them harmless (individually and/or severally) from and against any claims arising out of, related to, or in connection with any such prior assignment or transfer, or any such purported assignment or transfer, of any claims or other matters released in this Agreement.
Real Party in Interest. Contractor is the legal and valid holder of the interest attributed to Contractor under the Contract.
Real Party in Interest. In executing this Settlement, the Parties warrant and represent that they, including Class Representatives in their representative capacity on behalf of the Class, are the only persons having any interest in the claims asserted in the Class Action. Neither these claims, nor any part of these claims, have been assigned, granted, or transferred in any way to any other Persons.
Real Party in Interest. 1. It is agreed that this Agreement shall not vest or create in any employee or group of employees covered thereby any rights or remedies which they or any of them can enforce either at law, equity or otherwise, it being understood and agreed to the contrary, that all of the rights and privileges created or implied from this Agreement shall be enforceable only by the parties hereto, and only in the matter established by this Agreement. The Employer shall not enter into any private agreements with any employee or group of employees.
Real Party in Interest. The Supreme Court determined that Caltex, despite not being a party to the Agreement, had a legal interest in the performance of PSTC’s obligations because the judgment debt originated from a case enumerated in the Agreement. – Caltex, as a creditor, could enforce its claim against PSTC based on PSTC’s express assumption of LUSTEVECO’s obligations. – The Court found that Caltex’s pursuit of its claim against PSTC fell under the exceptions where a non-party to a contract can show detriment due to the contract and thus enforce its provisions. Doctrine: – PSTC, having agreed to assume all of LUSTEVECO’s obligations in the Agreement, is liable to satisfy those obligations, including judgment debts, despite not being a party in the original litigation. – Creditors are protected under Article 1312 and Article 1381 of the Civil Code from fraudulent contracts and can enforce such contracts to prevent fraud. – An Agreement containing the transfer of assets and responsibilities can result in novation, substituting the person of the debtor, under Article 1293 of the Civil Code.
