Asserted Claim definition

Asserted Claim has the meaning set forth in Section 10.04.

Asserted Claim means any allegation, claim or complaint that is the result of, or in connection with, Regional Franchisee’s conduct of its business, the exercise of its rights and carrying out of its obligations under this Agreement (including any claims attributable to the conduct of a Franchisee or Sales Associate or any of their employees, or any claims brought by a prospective or actual Franchisee and/or a government agency concerning Regional Franchisee’s solicitation and other dealings with prospective and actual Franchisees), notwithstanding any claim that any RE/MAX Party was or may have been negligent.

Asserted Claim. As defined in Section 10.05.

Examples of Asserted Claim in a sentence

• In other words, Defendant contends that each charted prior art item can be combined with other charted prior art items when a particular prior art item lacks or does not explicitly disclose an element or feature of an Asserted Claim.

• Defendant reserves the right to rely upon any references or assertions identified herein in connection with Defendant’s contention that each Asserted Claim is invalid under 35 U.S.C. § 103 and to rely upon expert testimony addressing such references and assertions.

• The assets which appear in each Claimant’s Client Assets Claim Statement and/or each Claimant’s Asserted Claim Statement (as applicable) will be dealt with as set out at Clauses 5 to 12 below.

• Please refer to your Asserted Claim Statement when reading this Clause 9.

• In the event and to the extent that the Reserved Distribution Amount of a Debtor (including any amounts retained in such Reserved Distribution Amount for funding Shortfall Amounts of such Debtor) at any time exceeds the aggregate of the Asserted Claim Amounts of the Remaining Disputed Claims against such Debtor, such excess portion of the Reserved Distribution Amount of the Debtor shall be released to Available Cash of such Debtor.

• ADMINISTRATIVE AND SERVICES AGREEMENT The Company entered into an agreement with HMCo that provides administrative support services including payroll processing, use of a general ledger system, use of an accounts payable and check processing system, and access to consulting and or other support services.

• A Claimant will be able to identify the assets which it has claimed by reviewing its Client Assets Claim Statement and/or Asserted Claim Statement (as applicable).

• Each Asserted Claim is anticipated by, and/or obvious in view of, one or more items of prior art identified in these disclosures, alone or in combination.

• On such basis, on an element- by-element basis, Defendant expressly intends to combine one or more prior art items identified in Appendix A with each other to address any further contentions from Plaintiff that a particular prior art item supposedly lacks one or more elements of an Asserted Claim.

• The jury found “[a]t least one Asserted Claim not invalid,” awarded $2,183,562.40, and found the infringement will- ful.

More Definitions of Asserted Claim

Asserted Claim and/or “Asserted Claims” means each claim of the patent-in-suit alleged or believed to be infringed, as identified by Plaintiff in its responses to Google's Interrogatory No. 2 and Yahoo’s Interrogatory No. 1.

Asserted Claim shall have the meaning set forth in Section 7.4(b).

Asserted Claim means any allegation, claim or complaint that is the result of, or in connection with, your exercise of your rights and/or carrying out of your obligations under this Agreement (including any claim associated with your operation of the Franchised Business or otherwise), or any default by you under this Agreement, notwithstanding any claim that any Franchisor Party was or may have been negligent.

Asserted Claim is as defined in Section 7.7(a).

Asserted Claim means a claim made by either Sears or JPMC prior to the Second Release Date alleging a breach by the other Party, after the date of this Amending Agreement, of any provision of any JPMC Agreement (including this Amending Agreement), provided that (1) the notice of such claim is given to the other Party in writing under Section 21 of this Amending Agreement, (2) such claim is asserted in good faith, and (3) such claim is asserted in writing with a reasonable amount of detail, including factual basis for such claim, that is known at the time, to support the allegation.

Asserted Claim and/or “Asserted Claims” means each claim of the patents-in-suit alleged or believed to be infringed, such as those identified by Plaintiff in its responses to Google's interrogatory no. 1. .