THE CLAIM Sample Clauses

THE CLAIM. Subject to the terms and conditions stated herein, and in exchange for the consideration set forth in Section 1.2 hereof, the Seller does hereby transfer, sell, assign, set over and quit claim unto the Purchaser, and the Purchase hereby acquires from the Seller, all of the Seller's right, title and interest in and to each and every mining claim identified below (the "Claims"): A map of the claim is attached as Exhibit “A” hereto.

THE CLAIM. The claimant has laid the blame for this attack, and the consequential injuries and losses he allegedly sustained, at the feet of both defendants. He has alleged in his statement of case that the injuries he sustained were caused by the negligence of either the first or the second defendant or both of them. His particulars of negligence, as pleaded, have detailed the bases on which he is alleging that the defendants are liable in negligence. He seeks damages, interest and costs as pleaded.

THE CLAIM. The Claim constitutes a part of the outstanding Loan together with a portion of interest and the penalty interest to be paid by the Borrower in accordance with the Loan Agreement. The Claim only includes the payment obligations of the Borrower to the extent prescribed in Clause 2 of the Special Terms which shall become due in accordance with the payment schedule stated in Clause 3 of the Special Terms. The penalty interest shall accrue on the overdue principal amount of the Claim at the rate specified in Clause 2.5 of the Special Terms until the overdue amount has been paid. The Assignee acknowledges that it shall be one of the creditors who holds claims against the Borrower arising from the Loan Agreement along with the Loan Originator and other assignees (the latter hereinafter referred to as the “Customers”). The Assignee also acknowledges that it bears the payment risk related to the Borrower.

THE CLAIM. Subject to the terms and conditions stated herein, and in exchange for the consideration set forth in Section 1.2 hereof, the Seller does hereby transfer, sell, assign, set over and quit claim unto the Purchaser, and the Purchase hereby acquires from the Seller, all of the Seller's right, title and interest in and to each and every mining claim identified below (the "Claims"): ----------------------------------------------------------------------------------------------- MINERAL NATIONAL EXPLORATION NUMBER TOPOGRAPHIC LICENSE OF AREA SERIES MAP NUMBER LICENSEE HOLDER CLAIMS (HECTARES) SHEET STAKING DATE ----------------------------------------------------------------------------------------------- 017985M Castmor Resources Ltd. (100%) 9 225 13A/16 September 3, 2010 017987M Castmor Resources Ltd. (100%) 8 200 13A/16, 3D13 September 3, 2010 ----------------------------------------------------------------------------------------------- TOTALS 17 425 (1,054.8 acres) ===============================================================================================

THE CLAIM. Following the fall, the claimant brought a claim1 for compensation in 2015 seeking monies under various heads of damages including general damages, for her pain and suffering and loss of amenities, special damages and future losses. She pleaded that she was 51 years of age at the time of the accident and was an Insurance Agent, employed with Pan American Insurance, trading as Apostolos Business and Insurance Services Limited (“Apostolos”). She pleaded that the defendant’s tort had caused the fall and it resulted in the injuries to her cervical and lumbar spine, shown on the MRI scans done two days later (“the MRIs”). It was not part of her pleaded case that there was an aggravation of a pre-existing condition. Her case simpliciter was that the fall on Rituals Premises caused her injuries.

THE CLAIM. 7.1 The Insured/Owner of this Policy will cooperate with the Insurer before and after presenting a claim and will do everything in their power to allow the Insurer to examine its liability to pay, according to the Conditions of the Policy and its validity. 7.2 The Insured will sign a Medical Secrecy Waiver in favour of the Insurer. 7.3 The Insured/Owner of the Policy will immediately inform the Insurer of the insured event and will submit as soon as possible, all the original documents relevant to the claim. 7.4 The Insured will be required to cooperate with Harel to be examined by one of the Insurer’s doctors on demand. 7.5 If the insurance has been cancelled by the Insurer for any reason whatsoever, the Insured/Owner of the Policy will be held responsible for all medical expenses. 7.6 The above requirement on the part of the Insured and/or the Owner of the policy, constitutes a preliminary condition to the Insurer’s liability to pay any kind of repatriation in accordance with this policy.

THE CLAIM. The claimant is a provider of safety and security services. The defendant engaged in the services of the claimant by a written contract dated November 25, 2016 (“the principal contract”) to commence on November 27, 2016 for a period of six months. Pursuant to the contract the claimant provided security services at La Forteresse, a housing and townhouse development project being built under contract by the defendant.

THE CLAIM. Within sixty (60) days after the Closing Date, Purchaser shall notify Seller pursuant to the provisions of Article IX of claims, if any, that Seller breached its representation and warranty in Section 3.09 hereof. Such notice shall be accompanied by documentary evidence, including photographs, supporting Purchaser’s claim. The Parties will endeavor to resolve the claim as soon as practicable.

THE CLAIM. [3] On 3 May 2013, the Claimant filed a claim seeking damages against the Defendants for injuries and loss she suffered in the motor vehicle accident on 3 November 2008, along Port Xxxxxxxxx Main Road in the parish of St. Xxxxxxxxx. She has averred that on the date of the accident, she was being trained as a driver by Xx Xxxxxxxx Xxxxxx, the 1st Defendant (and servant/agent of the JUTC), in a motor bus belonging to the 2nd Defendant. Xx. Xxxxxx was never served with the claim form and accompanying documents. The Claimant alleges that her employer was negligent, and as a result, she was ill-equipped to control the bus, she hit a pedestrian, lost control of the bus and collided into a tree, which caused her to sustain injuries to her left leg. She further alleges that the 2nd Defendant breached its duty of care to her as its employee or breached an expressed or implied term of the contract of employment that it would not expose the Claimant to any reasonably foreseeable risk of harm, would provide adequate supervision and/or training and a safe system of work in the course of the performance of her duties, and that the 2nd Defendant is therefore liable for the loss she incurred. [5] At paragraph 10 of the particulars of claim, the Claimant alleged several omissions or acts of negligence on the part of the 1st and 2nd Defendants. Although these are many, it is worthwhile quoting them here. As regards the 1st defendant, the following is alleged:

THE CLAIM. 3.1 In the Claimants’ claim they sought an order for the payment of their deposits being a sum owed by the Defendant to the Claimants for rescission of contract. In their pleadings the Claimants contended that the Defendant breached the contract by: • Failing to exercise all due professional skill and care in the performance of its services. The particulars of this general plea are set out in paragraphs 6 and 7 of the Statement of Case. The Claimants alleged that the Defendant failed to complete the property in a “proper and workmanlike manner in accordance with the plans and specifications.” • Failing to maintain the value of the said property or to substantially maintain its accommodation. The Claimants contend in its Statement of Case that the failure to provide a swimming pool as part of the amenities resulted in a reduction in the value of the said property. 3.2 At paragraph 11 of the Statement of Case the Claimant pleads as follows: