Settlement of a Claim Sample Clauses

Settlement of a Claim. For greater certainty, no admission of liability and no settlement of any Claim in a manner adverse to the Indemnified Party shall be made without the consent of the Indemnified Party, acting reasonably. No admission of liability shall be made by the Indemnified Party without the consent of the Corporation and the Corporation shall not be liable for any settlement of any Claim made without its consent, acting reasonably.
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Settlement of a Claim. (a) Before the Association or its insurers settle or compromise a Notified Claim, the Association must (or must ensure that its insurers): (i) give the Director notice of its intention to do so; (ii) provide to the Director the proposed terms of settlement or compromise; and (iii) allow the Director a reasonable period (to be specified in the notice) in which the Director may object to the proposed terms of settlement or compromise and declare the Director's intention to assume conduct of the Claim. (b) If, within the period allowed under clause 4.3(a) in respect of a Notified Claim, the Director gives notice that the Director intends to assume conduct of a Notified Claim, the Association must (or must ensure that its insurers) relinquish to the Director the control of the conduct of the Notified Claim (to the extent that it relates to the Director) and the liability of the Association under this Deed in respect of that Notified Claim will not exceed the amount for which the Notified Claim could have been compromised or settled at the time notice was given to the Director under clause 4.3(a) in respect of that Notified Claim together with costs and expenses reasonably incurred by the Director up to that time.
Sample 1
Settlement of a Claim. (a) If the Company proposes that a Claim be settled or compromised, the Company must: (i) provide to the Director details of the proposed offer of settlement or compromise; and (ii) allow the Director a reasonable period (to be specified in the notice) in which the Director may object to the offer. (b) If the Director does not object to the offer within the period allowed under paragraph (a)(ii), the offer of settlement or compromise may be made or accepted, as the case may be. (c) If, within the period allowed under clause 4.6(a)(ii)(a)(ii), the Director gives notice that the Director objects to the offer, the Company may (at its sole discretion, acting reasonably): (i) if the Claim is under the management and control of the Company: (A) relinquish to the Director the control of the conduct of the Claim (to the extent that it relates to the Director); or (B) continue the conduct of the Claim without making or accepting the offer, or (ii) permit the Director to continue the conduct of the Claim without making or accepting the offer, and (d) in any case, the liability of the Company under this Deed in respect of that Claim (to the extent that it relates to the Director) will not exceed the amount of the offer specified in the notice given to the Director under clause 4.6(a) together with Expenses reasonably and properly incurred by or on behalf of the Director up to that time.
Sample 1
Settlement of a Claim. Without prejudice to the effective damage compensation in the event of any event that gives cause to receive the insurance indemnity, it is established that: a) if the value received by Lessor is greater than the value of the sum of past-due and payment obligations and other expenses, including default interest, penalty and interest, the overpayment shall be delivered to Lessor by Lessee; b) if the value is less than the sum of past-due and payment obligations and other expenses, including default interest, penalty and interest, Lessee shall immediately pay the difference to Lessor; c) if, by any hindrance, the insurance company fails to pay the compensation due to Lessor, the Lessee, by virtue of its responsibility by Goods shall bear such payment, which corresponds to the value of the sum of past-due and payment obligations, and other expenses, including default interest, penalty and interest.
Sample 1
Settlement of a Claim. Any Product replacements or reimbursements made by Allura pursuant to Section 2, above, shall be deemed a full settlement and release of any claims arising hereunder and shall be a complete bar to any claims in any arbitration or litigation related to or arising from the Product so replaced or for which a reimbursement has been made. By accepting Product replacement or a reimbursement hereunder, the Covered Person so accepting irrevocably waives any further claim pertaining in any manner whatsoever to the Product so replaced or for which a reimbursement has been made.
Sample 1
Settlement of a Claim. In case of a Claim for a breach of Warranty, the compensation for a Loss shall be paid to the Purchaser from the Escrow Account, if and to the extent an amount equal to such Loss is available on the Escrow Account. For the avoidance of doubt, any amount not paid from the Escrow Account shall be paid by the Seller.
Sample 1

Related to Settlement of a Claim

  • DISPUTES SETTLEMENT PROCEDURE 9.1 A major objective of this Agreement is to eliminate lost time and/or production arising out of disputes or grievances. Disputes over any work related or industrial matter (including a dispute about whether a workplace right has been breached) or any matters arising out of the operation of the Agreement or incidental to the operation of the Agreement should be dealt with as close to its source as possible. Disputes over matters arising from this Agreement (or any other dispute related to the employment relationship or the NES, including subsections 65(5) or 76(4) of the Fair Work Act) shall be dealt with according to the following procedure. 9.2 The pre-dispute status quo shall prevail while the matter is being dealt with in accordance with this procedure. 9.3 All Employees have the right to appoint a representative in relation to a dispute. It is the express priority of all Parties to attempt to settle a dispute at the workplace level at first instance. 9.4 In the event of any work-related grievance arising between the Employer and an Employee or Employees, the matter shall be dealt with in the following manner: (a) The matter shall be first submitted by the Employee/s or his/her job delegate/ employee representative or other representative, to the site foreperson/supervisor or the other appropriate site representative of the Employer and if not settled, to a more senior representative of the Employer. (b) Alternatively, the Employer may submit an issue to the Employee/s who may seek the assistance and involvement of the job delegate/employee representative or other representative. (c) If still not resolved, there may be discussions between the relevant Union official (if requested by the employee/s), or another representative of the employee, and senior representative of the Employer. (d) Should the matter remain unresolved, either of the parties or their representative shall refer the dispute at first instance to FWC for review. FWC may exercise conciliation and/or arbitration powers in such review. 9.5 This procedure shall be followed in good faith without unreasonable delay. 9.6 If any party fails or refuses to follow any step of this procedure the non-breaching party will not be obligated to continue through the remaining steps of the procedure and may immediately seek relief by application to FWC. 9.7 Any resolution of a dispute under this clause by the FWC will not be inconsistent with legislative obligations or any other applicable Codes or Regulations.

  • Settlement of PSUs The grant pursuant to this Award represents an unfunded and unsecured promise of the Company, subject to the vesting, achievement of performance targets and other conditions of this Agreement, to issue to the Employee for each vested PSU one share of the Common Stock and to pay to the Employee in a single lump sum any cash amounts credited on such vested PSU with respect to dividends. Except as otherwise expressly provided in the Award Statement and subject to the terms of this Agreement, such issuance and lump sum payment shall be made to the Employee (or, in the event of his or her death to the Employee’s estate as provided above) (a) in all cases other than those set forth in clause (b), as soon as reasonably practicable following the Vesting Date and no later than December 31 of the year in which the Vesting Date occurs, and (b) in the case of termination of employment by reason of death or Disability or the Employee’s death after a termination of employment in the circumstances specified in Section 2, as soon as reasonably practicable following such termination of employment or death. Notwithstanding the foregoing, if the Company determines that settlement in the form of Common Stock is impractical or impermissible under the laws of the Employee’s country of residence, the PSUs will be settled in the form of cash, and further notwithstanding the foregoing, payment will not occur until any applicable waiting period under HSR has expired or been terminated.

  • Settlement of RSUs Delivery of Shares or other amounts under this Award Agreement and the Plan shall be subject to the following: