Claim or Litigation definition

Claim or Litigation means any challenge by any third party (whether legal, equitable, declaratory, administrative or adjudicatory in nature) (i) to the legality, validity or adequacy of the General Plan, Land Use Regulations, this Agreement, Development Approvals or other actions of the City pertaining to the Project, whether such actions are brought under the California Environmental Quality Act, the Planning and Zoning Law, the Subdivision Map Act Code of Civil Procedure Section 1085 or 1094.5, or any other state, federal or local statute, law, ordinance, rule, regulation, or any decision of a court of competent jurisdiction, or (ii) seeking damages against the City as a consequence of the foregoing actions, for the taking or diminution in value of their property or for any other reason.‌

Examples of Claim or Litigation in a sentence

  • If the Contractor’s refusal to execute the DSA Form 6-C is to leverage a Dispute, Claim or Litigation, then the matter shall also be referred to the District Attorney for prosecution for Extortion.(c) Contractor shall be Responsible for All Costs to Certify the Project.

  • City shall cooperate with Developer in the defense of any Claim or Litigation.

  • Developer agrees that City will forward monthly invoices to Developer for attorneys’ fees, costs and expenses it has incurred related to its defense of any Claim or Litigation and Developer agrees to timely payment within thirty (30) days of receipt of the invoice.

  • If such a Claim or Litigation has been filed, then the Effective Date shall be the date that the Claim or Litigation has been successfully resolved in the City’s favor, and the time for any further judicial review has run, so that the Authorizing Ordinance shall be effective.

  • Requests for re-issuance of any check shall be made directly to the applicable Disbursing Agent by the holder of the Allowed Claim or Litigation Trust Interest, as applicable, with respect to which such check originally was issued.

  • The Assignor is not entitled to share in the proceeds of any recovery by the Receiver on any Claim or Litigation that is not an Assigned Claim, including any direct Claim of the Receiver arising out of the failure of the Failed Bank.

  • The Disbursing Agent shall not be required to make any Cash payment of less than $50 with respect to any Claim or Litigation Trust Interest unless a written request therefor is made to the applicable Disbursing Agent not later than one year after the Effective Date.

  • If the Contractor’s refusal to execute the DSA Form 6C is to leverage a Dispute, Claim or Litigation, then the matter shall also be referred to the District Attorney for prosecution for extortion.

  • Whenever any Distribution to a holder of a Claim or Litigation Trust Beneficiary would otherwise call for Distribution of Cash in a fractional dollar amount, the actual Distribution of such Cash shall be rounded to the nearest whole dollar (up or down), with half dollars (or less) being rounded down.

  • Developer agrees that City will forward monthly invoices to Developer for attorneys’ fees, costs and expenses it has incurred related to its defense of any Claim or Litigation and Xxxxxxxxx agrees to timely payment within thirty (30) days of receipt of the invoice.

Related to Claim or Litigation

  • Lawsuit means any lawsuit, arbitration or other dispute resolution filed by either party herein pertaining to any of this Warrant, the Facility Agreement and the Registration Rights Agreement.

  • 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.

  • Threatened litigation as used herein shall include governmental investigations and civil investigative demands. “Litigation” as used herein shall include administrative enforcement actions brought by governmental agencies. The Grantee must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, “material” refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Grant Agreement or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Xxxxxxx’s financial condition.

  • Litigation means any lawsuit, action, arbitration, administrative or other proceeding, criminal prosecution or governmental investigation or inquiry.

  • Transaction Litigation has the meaning set forth in Section 5.2(d).

  • Pending Litigation means a proceeding in a court of law whose activity is in progress but not yet completed.

  • Third Party Infringement Claim has the meaning set forth in Section 23.5.1.

  • Complaint Investigation means an investigation of any complaint that has been made to a proper authority that is not covered by an abuse investigation.

  • Legal Action means and includes any claim, counterclaim, demand, action, suit, counterclaim, arbitration, inquiry, proceeding or investigation before any

  • legal or administrative action means any legal proceeding or arbitration and any administrative or regulatory action or investigation;

  • Third Party Claim has the meaning set forth in Section 8.3.

  • Litigation Claims means the claims, rights of action, suits or proceedings, whether in law or in equity, whether known or unknown, that any Debtor or any Estate may hold against any Person or Entity, including, without limitation, the Causes of Action of the Debtors or their Estates, in each case solely to the extent of the Debtors’ or their Estates’ interest therein. A non-exclusive list of the Litigation Claims held by the Debtors as of the Effective Date will be Filed with the Plan Supplement, which will be deemed to include any derivative actions filed against any Debtor as of the Effective Date.

  • Infringement Claim has the meaning set forth in Section 8.2(a).

  • dispute resolution proceeding ’ means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;

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

  • Current Proceeding means any proceeding conducted under any provisions of this subsection that

  • Material Litigation means any litigation that, according to

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

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

  • third party proceeding means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative, other than an action by or in the right of the corporation.

  • Third party claimant means any individual, corporation, association, partnership, or other legal entity asserting a claim against any individual, corporation, association, partnership, or other legal entity insured under an insurance policy or insurance contract.

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

  • Hearing means an oral hearing and includes a hearing conducted in whole or in part by video link, telephone or other means of instantaneous two-way electronic communication;

  • Allegation means any written or oral statement or other indication of possible scholarly misconduct made to an institutional official.

  • 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;

  • Third Party Infringement has the meaning set forth in Section 5.1.