Adopter Beneficiary definition
Examples of Adopter Beneficiary in a sentence
Judgment entered upon such Adopter Beneficiary Claims shall be binding on all Adopter Beneficiaries, who received notice from CI Plus TA as if they had joined such Adopter Beneficiary Claim.
The Adopter Beneficiary instituting or initiating a Adopter Beneficiary Claim shall support, and Defendant shall not object to, any motion by another Adopter Beneficiary to so join provided it is instituted within the thirty (30) calendar day period following notice by CI Plus TA of a Adopter Beneficiary Claim.
Upon receipt of any notice of an Adopter Beneficiary Claim against a defendant (“Defendant”), CI Plus TA shall provide timely notice only to such Adopter Beneficiaries who have a right to make the same Adopter Beneficiary Claim.
The procedures set out in section 11.3.2 below shall govern all Adopter Beneficiary Claims.
Neither Adopter Beneficiary’s failure to notify and consult with CI Plus TA, nor CI Plus TA’s failure to give notice to any Adopter Beneficiary in accordance with these Adopter Beneficiary Claim procedures shall be a defense to any Adopter Beneficiary Claim or grounds for a request to delay the granting of preliminary relief requested.
The failure by a particular Adopter Beneficiary to provide notice to CI Plus TA and to move to join such Adopter Beneficiary Claim within the allotted thirty (30) calendar day period shall be deemed a waiver of such party’s right to be a Adopter Beneficiary under its applicable agreement with respect to all claims it may have against Defendant arising out of the alleged breach asserted pursuant to the notified Adopter Beneficiary Claim.
Adopter Beneficiary shall have no right to enter into any action in pursuit of a Third Party Beneficiary Claim that: (a) amends any material term of any CI Plus TA’s agreements; or (b) has an adverse effect on the integrity and/or security of CI Plus TA, unless CI Plus TA has provided prior written consent thereto.
Adopter Beneficiary’s exercise of its right to be a third party beneficiary under this section 3.4 shall not constitute an election against any statutory or other non-contractual remedy against a Licensee which may be available to such Third Party Beneficiary for the same act that gave rise to the Adopter Beneficiary Claim.
Each Adopter Beneficiary shall make its own decision on whether to join the Adopter Beneficiary Claim or not.
Within thirty (30) calendar days of such notice, each Adopter Beneficiary shall elect whether to join the Adopter Beneficiary Claim and provide notice of intent to join such Adopter Beneficiary Claim to CI Plus TA.