Excepted Claims definition

Excepted Claims is defined in Section 7.1 of the Master Agreement.

Excepted Claims means (a) claims (other than Product Liability Claims) potentially covered by Insurance Policies; (b) workers’ compensation claims, (c) claims where there is a judgment entered or settlement already agreed to and signed by all applicable parties, (d) direct action claims against any of the Debtors’ Insurers under applicable non-bankruptcy law, (e) any claims or actions relating to any claims between the Debtors’ Insurers, on the one hand, and the Debtors, on the other hand, and (f) any declaratory judgment actions regarding insurance coverage issues.

Excepted Claims shall have the meaning set forth in Section 1.6(a) hereof.

Examples of Excepted Claims in a sentence

• Notwithstanding anything in this Paragraph, Released Claims shall not include Excepted Claims as provided in paragraph 33 of the DPP Settlement Agreement.

• Except for the Excepted Claims (hereinafter defined), Seller makes no representation or warranty as to the truth, accuracy or completeness of any materials, data or information delivered by Seller to Purchaser in connection with the transaction contemplated hereby.

• Purchaser hereby covenants with Seller that Purchaser shall, in connection with its investigation of the Property during the Inspection Period order a Phase I environmental report property with respect to the Property, and, except for Excepted Claims (hereinafter defined) irrevocably waives any claim against Seller arising from the presence of Hazardous Substances on the Property.

• Notwithstanding anything to the contrary in this Confirmation Order, the Excepted Claims and Excepted Obligations (each as defined in the RBS Vessel Turnover Term Sheet attached as Exhibit 1 to the Order Authorizing the Debtors to Assume the Settlement Agreements with The Royal Bank of Scotland PLC [Docket No. 76]) shall survive and remain enforceable in accordance with the RBS Settlement Agreements following the Effective Date.

• The Company has no knowledge or reason to believe that the Company has any Excepted Claims against the Executive.

More Definitions of Excepted Claims

Excepted Claims means any claims arising from a breach of a representation and warranty under Sections 4.1(a) to (e) and (h).

Excepted Claims has the meaning given in Section 4.2(a).

Excepted Claims means

Excepted Claims means claims (a) relating to a party's intellectual property rights; (b) relating to the unauthorized use, theft, or piracy of products or services; (c) in which the aggregate amount in controversy may be heard in a small claims court in Subscriber’s jurisdiction, in which case either party can proceed to that court; or (d) which a party may bring before a regulatory authority or agency empowered by applicable law, provided, however, that the claim is not a collective or class action or brought on behalf of the general public, as a private attorney general, or in any other representative capacity.

Excepted Claims has the meaning set forth in Section 9.5(a).

Excepted Claims mean Claims as to which the Bankruptcy Court orders that no proof of claim or request for payment of Administrative Claim need be filed.

Excepted Claims means: (i) the right to receive from the Company all salary earned through November 22, 2002, and to be compensated for 80 days of unused vacation time, which payments shall be made within forty-eight (48) hours of the execution of this Agreement, (ii) rights and claims of Xxxxx under this Agreement and under the Consultant Agreement being executed by the Parties concurrently with the execution of this Agreement, (iii) any indemnification rights Xxxxx may be entitled to as a former employee, officer and/or director of the Company and/or of the Company's affiliates pursuant to the Certificate of Incorporation or Bylaws of the Company or its affiliates or pursuant to any existing indemnification agreement with the Company or its affiliates, (iv) any rights Xxxxx may have pursuant to Section 2802 of the California Labor Code relating to Xxxxx'x actions on behalf of the Company and/or its affiliates during the course of Employee's employment, and (iv) the benefit of any directors and officers insurance coverage now or hereafter maintained by the Company and/or its affiliates that provides coverage for prior officers and/or directors of the Company and/or its affiliates. The words "claim" or "claims" shall include without limitation all actions, claims and grievances, whether actual or potential, known or unknown, related, incidental to or arising out of Xxxxx'x employment with the Company and the termination thereof, other than the Excepted Claims. All such claims, including related attorneys' fees and costs, are forever barred by this Agreement and without regard to whether those claims are based on any alleged breach of a duty arising in contract or tort; any alleged unlawful act, any other claim or cause of action; and regardless of the forum in which it might be brought.