Third Party Claim has the meaning set forth in Section 8.3.
Infringement Claim has the meaning set forth in Section 8.2(a).
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.
Third Party Infringement Claim has the meaning set forth in Section 23.5.1.
Indemnified Claim has the meaning set forth in Section 8.2.
Relevant Claim means a Warranty Claim or any claim by any Investor for indemnification or pursuant to any other provision of this Agreement.
Direct Claim has the meaning set forth in Section 8.05(c).
Settled claim means the original tort claim resolved by a structured settlement.
Released Claim means the matters that are subject to release and discharge pursuant to ARTICLE 10 hereof;
Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).
Plaintiff means Xxxxxx Xxxxx.
Defendant means any party named as a defendant in the Action at any time up to and including the date when the Court has entered a final order certifying the Settlement Class described in Paragraph 12 and approving this Agreement under Federal Rule of Civil Procedure (“Rule”) 23(e).
Indemnification Claim has the meaning set forth in Section 8.4(a).
Indemnity Claim has the meaning set forth in Section 8.3.
Defendants means all of the Individual Defendants and the Corporate Defendants, individually, collectively, or in any combination.
First party claimant means an individual, corporation, association, partnership, or other legal entity asserting a right to payment as a covered person under an insurance policy or insurance contract arising out of the occurrence of the contingency or loss covered by such a policy or contract.
Third Person Claim has the meaning specified in Section 11.4(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;
Settlement Claim means a claim for settlement benefits made under the terms of this Settlement Agreement.
Indemnified Matter has the meaning specified in Section 11.4 (Indemnities).
Fraud Claim means any claim based in whole or in part upon fraud, willful misconduct or intentional misrepresentation.
Indemnification Claim Notice has the meaning set forth in Section 11.3.
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.
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.
Indemnified Party shall have the meaning set forth in Section 5(c).
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;