Claims. 1. Members of the U.S. forces, including the civilian component, shall not be subject to any proceedings for civil claims or administrative penalties arising out of acts or omissions attributable to such persons done in the performance of their official duties. Such claims may be presented to the appropriate Slovak authorities and processed according to the provisions contained in Article VIII of the NATO SOFA.
2. For purposes of this Article, the term “civilian component” shall include all persons, regardless of their nationality or place of residence, who are U.S. Government employees acting in the performance of official duty as assigned by U.S. forces, but shall not include U.S. contractors, other contractors, and employees of those contractors or of non-commercial organizations, regardless of their nationality or place of residence.
3. For purposes of determining whether potential civil liability has arisen out of any act or omission done in the performance of official duty by a member of the U.S. forces, including the civilian component, certification by the appropriate U.S. forces authority in Slovakia that such act or omission was done in the performance of official duty shall constitute conclusive proof of the fact.
4. Members of the U.S. forces, including the civilian component, shall not suffer default judgments or actions prejudicial to their interests when official duties or duly authorized absences temporarily prevent their attendance at non-criminal proceedings.
Claims. Cisco will defend any third-party claim against You that Your valid use of Cisco Technology under Your Entitlement infringes a third party's patent, copyright or registered trademark (the “IP Claim”). Cisco will indemnify You against the final judgment entered by a court of competent jurisdiction or any settlements arising out of an IP Claim, provided that You: (a) promptly notify Cisco in writing of the IP Claim; (b) fully cooperate with Cisco in the defense of the IP Claim; and (c) grant Cisco the right to exclusively control the defense and settlement of the IP Claim, and any subsequent appeal. Cisco will have no obligation to reimburse You for attorney fees and costs incurred prior to Xxxxx'x receipt of notification of the IP Claim. You, at Your own expense, may retain Your own legal representation.
Claims. The rights of the person entitled to be carried resulting from or related to the carriage must be exercised with the carrier; otherwise, they cease to exist. This does not apply to the right to compensation for personal injury or damage to luggage or objects carried by the passenger, which can be exercised directly in court.
Claims. The STM Participant is entitled to file a claim with the Market Organizer for any technical problems associated with the reception of orders and the provision of results of the short-term market. The price of the trade area and the amount allocated to orders in the process of matching of the daily market shall not be subject to claim.
Claims. 8.1 The Customer has the right to refer to the Supplier’s responsibility for defects and to exercise a claim:
a) For supplies of water – regarding the supply of water in the extent agreed upon and in the way determined, including a claim concerning invoicing,
b) For drainage of wastewater – regarding the drainage of wastewater in the extent agreed upon and in the way determined and regarding the volume of wastewater drained, including a claim concerning invoicing.
8.2 A claim shall be exercised by the Customer in writing at the address stated in the Contract on the Supply of Water and Drainage of Wastewater,
8.3 In the case of a claim, the Customer is obliged to provide the Supplier with necessary cooperation during investigation and solution of the claim.
8.4 An obvious defect of water quality (odour, turbidity, colour etc.) must be claimed by the Customer no later than within 24 hours from detection, other quality defects without any unnecessary delay from their detection.
8.5 On the basis of a claim concerning the volume of the water supplied, when the functionality of the water meter and correctness of measurement are not objected on the Customer’s part, the Supplier shall ensure, within 2 business days from the filing of the claim, the carrying out of an inspection reading of the water meter state. The Customer or a person authorised by the latter is obliged to be present at such an inspection reading of the water meter state. If the presence of the Customer or of a person authorised by the latter is not ensured in the term determined or agreed, the claim shall be considered as unfounded. The evaluation of the claim shall be carried out without any unnecessary delay after the carrying out of the inspection reading of the water meter state and comparison of the data detected with the data concerning the offtake site, conducted by the Supplier.
8.6 The water meter shall be subject to official verification according to special legal regulations. If the Customer has doubts about correctness of measurement or if the Customer finds out a defect on the water meter, the Customer has the right to ask for its review. The result of the review shall be promptly announced by the Supplier to the Customer in writing. If it is found out, during the testing of the water meter required by the Customer, that the data of the water meter does not comply with any of the requirements determined by a special legal regulation (Act no. 505/1990 Coll., on Metrology, as amended)...
Claims. (a) The Licensor and the Licensee each agree to indemnify and hold the other harmless from any and all claims, actions, damages, losses, liabilities and expenses incurred by the other and arising out of any breach by the Licensor or the Licensee as the case may be of any of the warranties or other terms conditions and agreements contained in the Agreement and the Standards Terms.
(b) The Licensor shall not be liable for any breach of any warranty in the Agreement or in the Standard Terms unless prompt written notice of a claim for breach of warranty is given by the Licensee to the Licensor stating fully the details of any such claim.
(c) In the event that any third party shall make any claim against the Licensee and the Licensee shall claim indemnity from the Licensor hereunder, the Licensor shall be empowered to make any offer or counter-offer to settle any such claim or any litigation, process or demand made by the Licensee or any third party on such terms as the Licensor may in its absolute discretion think fit and, if necessary, without the agreement of the Licensee. The Licensee agrees to co-operate fully with the Licensor in the defense compromise or settlement of any such claim or any litigation process or demand and further agrees that in any event whatever the Licensor shall not be liable for any actual or alleged loss of profit or consequential damages incurred by the Licensee; and
(d) the Licensor shall not be liable for any breach of any of its warranties or agreements hereunder in so far as such breach may arise out of a breach by such copyright owner or other third party of its agreements and warranties with the Licensor except to the extent (if at all) as the Licensor may be able to claim and enforce indemnity against such copyright owner or other third party.