Asserted Claim definition

Asserted Claim has the meaning set forth in Section 10.04.
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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.
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Asserted Claim. As defined in Section 10.05.
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Examples of Asserted Claim in a sentence

  • 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.

  • 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.

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

  • Mr. Steiss asked who was mostly affected by the lowering of the fare discount rate.

  • 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.

  • 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.

  • If any claim ("Asserted Claim") covered by the foregoing indemnities is asserted against any indemnified party ("Indemnitee"), it shall be a condition to the obligations under this Article that the Indemnitee shall promptly give the indemnifying party ("Indemnitor") notice thereof in accordance with Section 13.06.

  • 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.

  • If a combination of items of prior art makes a claim obvious, each such combination must be identified; and (d) A chart identifying where specifically in each alleged item of prior art each element of each Asserted Claim is found, including for each element that such party contends is governed by 35 U.S.C. § 112(6), the identity of the structure(s), act(s), or material(s) in each item of prior art that performs the claimed function.


More Definitions of Asserted Claim

Asserted Claim is as defined in Section 7.7(a).
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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. .
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Asserted Claim shall have the meaning set forth in Section 7.4(b).
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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.
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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.
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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.
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Related to Asserted Claim

  • Indemnified Claim has the meaning set forth in Section 8.2.

  • Contested Claim means any Tax, Indebtedness or other claim or liability (i) the validity or amount of which is being diligently contested in good faith, (ii) for which adequate reserve, or other appropriate provision, if any, as required in conformity with GAAP shall have been made, and (iii) with respect to which any right to execute upon or sell any assets of the Company or of any of its Subsidiaries has not matured or has been and continues to be effectively enjoined, superseded or stayed.

  • Released Claim means the matters that are subject to release and discharge pursuant to ARTICLE 10 hereof;

  • Indemnity Claim has the meaning set forth in Section 8.3.

  • Unresolved Claim means a Claim, which at the relevant time, in whole or in part: (a) has not been Finally Determined to be a Proven Claim in accordance with the Amended Claims Procedure Order and this Plan; (b) is validly disputed in accordance with the Amended Claims Procedure Order; and/or (c) remains subject to review and for which a Notice of Allowance or Notice of Revision or Disallowance (each as defined in the Amended Claims Procedure Order) has not been issued to the Creditor in accordance with the Amended Claims Procedure Order as at the date of this Plan, in each of the foregoing clauses, including both as to proof and/or quantum;

  • Disputed Claim means any Claim that is not Allowed.

  • Settled claim means the original tort claim resolved by a structured settlement.

  • Covered Claim means either a Provider Covered Claim or Customer Covered Claim.

  • Indemnification Claim has the meaning set forth in Section 8.4(a).

  • Insured Claim means any Claim arising from an incident or occurrence alleged to have occurred prior to the Effective Date that is covered under an insurance policy applicable to the Debtors or their businesses.

  • Indemnified Claims shall include any and all claims, demands, suits, causes of action, judgments and liability of every character, type or description, including all reasonable costs and expenses of litigation, mediation or other alternate dispute resolution mechanism, including attorney and other professional fees for: (1) damage to or loss of the property of any person (including, but not limited to the City, the Contractor, their respective agents, officers, employees and subcontractors; the officers, agents, and employees of such subcontractors; and third parties); and/or (2) death, bodily injury, illness, disease, worker's compensation, loss of services, or loss of income or wages to any person (including but not limited to the agents, officers and employees of the City, the Contractor, the Contractor’s subcontractors, and third parties), ii. "Fault" shall include the sale of defective or non- conforming deliverables, negligence, willful misconduct or a breach of any legally imposed strict liability standard.

  • Exculpated Claim means any Claim related to any act or omission in connection with, relating to, or arising out of the Debtors' in or out of court restructuring, the Chapter 11 Cases, formulation, preparation, dissemination, negotiation, or filing of the Disclosure Statement, the Plan, the settlement of Claims or renegotiation of Executory Contracts or Unexpired Leases, the negotiation of the Plan, the DIP Credit Agreement, the Plan Supplement, the Exit Facility Credit Agreement, or any contract, instrument, release, or other agreement or document created or entered into in connection with the Disclosure Statement or Plan, the filing of the Chapter 11 Cases, the pursuit of Confirmation, the pursuit of consummation of the Plan, the administration, consummation, and implementation of the Plan, the distribution of property under the Plan, or any transaction contemplated by the Plan or Disclosure Statement, or in furtherance thereof; provided, however, that Exculpated Claims shall not include any claim arising out of any act or omission that is determined in a Final Order to have constituted gross negligence, willful misconduct, or intentional fraud to the extent imposed by applicable non-bankruptcy law. For the avoidance of doubt, no Cause of Action, obligation or liability expressly set forth in or preserved by the Plan or the Plan Supplement constitutes an Exculpated Claim.

  • Expected Claim Notice means a notice that, as a result of a legal proceeding instituted by or written claim made by a third party, an Indemnified Party reasonably expects to incur Damages for which it is entitled to indemnification under Article VI.

  • Approved Claim means a Claim Form submitted by a Settlement Class Member that: (a) is submitted timely and in accordance with the directions on the Claim Form and the provisions of the Settlement Agreement; (b) is fully and truthfully completed by a Settlement Class Member with all of the information requested in the Claim Form; (c) is signed by the Settlement Class Member, physically or electronically; and (d) is approved by the Settlement Administrator pursuant to the provisions of this Agreement.

  • Liability Claim has the meaning set forth in Section 7.2(a).

  • AWR Claim means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hirer and/or the Employment Business for any breach of the AWR;

  • Indemnification Claim Notice has the meaning set forth in Section 11.3.

  • 503(b)(9) Claim means a Claim or any portion thereof entitled to administrative expense priority pursuant to section 503(b)(9) of the Bankruptcy Code.

  • Claim means any action, claim, obligation, liability, expense, lawsuit, demand, suit, inquiry, hearing, investigation, notice of a violation, litigation, proceeding, arbitration, or other dispute, whether civil, criminal, administrative or otherwise, whether pursuant to contractual obligations or otherwise.

  • Settled Claims means any and all claims, debts, demands, rights or causes of action, suits, matters, and issues or liabilities whatsoever (including, but not limited to, any claims for damages, interest, attorneys’ fees, expert or consulting fees, and any other costs, expenses or liability whatsoever), whether based on United States or Canadian federal, state, provincial, local, statutory or common law or any other law, rule or regulation, whether fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, matured or unmatured, whether class or individual in nature, including both known claims and Unknown Claims (herein defined), (i) that have been asserted in any of the Nortel II Actions against any of the Released Parties, or (ii) that could have been asserted in any forum by the Class Members or any of them against any of the Released Parties which arise out of or are based upon the allegations, transactions, facts, matters or occurrences, representations or omissions involved, set forth, or referred to in the Nortel II Actions and which relate to the purchase of Nortel common stock or call options on Nortel common stock or the writing (sale) of put options on Nortel common stock during the Class Period, or (iii) any oppression or other claims under the Canada Business Corporations Act, R.S.C. 1985, c. C-44, as amended, that arise out of or are based upon the allegations, transactions, facts, matters or occurrences, representations or omissions, set forth or referred to in the Nortel II Actions. “Settled Claims” does not mean or include claims, if any, against the Released Parties arising under the (United States) Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. § 1001, et seq. (“ERISA”) that are not common to

  • Secured Claim means a Claim that is secured by a Lien on property in which any of the Debtors’ Estates have an interest or that is subject to setoff under section 553 of the Bankruptcy Code, to the extent of the value of the Claim holder’s interest in such Estate’s interest in such property or to the extent of the amount subject to setoff, as applicable, as determined pursuant to section 506(a) of the Bankruptcy Code or, in the case of setoff, pursuant to section 553 of the Bankruptcy Code.

  • Unresolved Claims has the meaning set forth in Section 7.6(c).

  • Asserted Liability has the meaning set forth in Section 9.4(a).

  • D&O Claim means any right or claim of any Person against one or more of the Directors and/or Officers howsoever arising on or before the D&O Bar Date, for which the Directors and/or Officers, or any of them, are by statute liable to pay in their capacity as Directors and/or Officers or which are secured by way of any one of the Directors’ Charges;

  • Fraud Claim means any claim based in whole or in part upon fraud, willful misconduct or intentional misrepresentation.

  • Released Claims means all Released Defendants’ Claims and all Released Plaintiffs’ Claims.