Finally Resolved definition
Finally Resolved means that the Design Professional has made a decision (or declined to make a decision) on the Claim under the General Conditions and that any litigation regarding the Claim has been concluded.
Finally Resolved. (and the correlative, “FINAL RESOLUTION”) with respect to a Suit, means that such Suit is (a) settled and dismissed with prejudice, (b) subject to a final judgment as to which no appeal is possible or taken within the time permitted, or (c) is withdrawn completely by the Person bringing such Suit.
Finally Resolved means that the amount due to Buyer or Seller, as the case may be, has been finally determined under the provisions of Section 6.4, by agreement of the parties hereto, or by the decision of a court of competent jurisdiction after the expiration of all time periods in which to file any appeal.
Examples of Finally Resolved in a sentence
Such suspension shall last as long as such Glass Proceedings are not Finally Resolved.
Once the award is made, a claim shall be Finally Resolved for purposes of the Warranty Escrow Agreement.
Upon Final Resolution of such Glass Proceedings, the provisions of Sections 4.2.1 through 4.2.3 shall (i) be again effective from and after such Final Resolution, if such Glass Proceedings are Finally Resolved by either an amicable settlement between the Asserting Party and the Glass Supplier or a withdrawal of all such Glass Proceedings by the Glass Supplier, and (ii) terminate and permanently cease to bind the Asserting Party with respect to such Glass Supplier in all other cases.
When a Claim has been Finally Resolved under this Article VI, if the Indemnifying Party shall not have paid such Claim within 30 days of the date such Claim has been Finally Resolved, the Indemnifying Party shall pay to the Indemnified Party an amount equal to such Claim plus 7% annual interest accruing from the date such Claim is Finally Resolved.
Any payments shall be paid to Buyer within ten (10) business days after the amount of the Claim has been Finally Resolved and Buyer has given notice making demand for such payment.
More Definitions of Finally Resolved
Finally Resolved as used in this Agreement shall mean the following with respect to any Claim made by Activision:
Finally Resolved means, with respect to any claim, controversy or dispute, either (i) a final, non-appealable judgment with respect thereto, or (ii) a written settlement agreement with respect thereto.
Finally Resolved means that the amount due to the Buyer's Protected Parties or Sellers' Protected Parties, as the case may be, has been finally determined under the provisions of Section 6.05, or by agreement of the parties, or by the decision of a court of competent jurisdiction from which there is no further appeal.
Finally Resolved shall (in the case of claims against the Vendor CDT UK or the Corporation as the case may be) mean any claim which (i) is accepted (in writing) by the Vendor or the Corporation or CDT UK (as the case may require) as being the liability of the Vendor or the Corporation or CDT UK (as the case may require); or (ii) in respect of which the Purchaser obtains final and binding judgement of a court of competent authority or arbitration award from which there is either no further appeal or from whose judgement the Vendor, CDT UK or the Corporation as the case may be does not appeal within the period during which such appeal may be properly brought; in each case both as to the merit of liability and as to the quantum or amount;
Finally Resolved means that the amount due to the 43 Claimant has been finally determined under the provisions of Section 6.06 or by the decision of a court of competent jurisdiction from which there is no further appeal.
Finally Resolved means, with respect to a Claim or a Proceeding, and the Liability and amount of Losses therefor, when the parties hereto have so determined by mutual agreement or, if disputed, when a final, nonappealable order or judgment by a Governmental Authority of competent jurisdiction has been entered with respect to such Claim or Proceeding. Notwithstanding the foregoing, a Claim under Section 10.02(b) (for indemnification for any breach or inaccuracy of any Company Specified Representation or Section 10.02(c) ) that seeks indemnity for Losses to the extent in excess of the Cap shall not be “Finally Resolved” until the Acquiror Indemnified Parties satisfy their obligation to use Reasonable Best Efforts to pursue recovery under the Representation and Warranty Insurance Policy in accordance with Section 10.04(b) .
Finally Resolved means that the Design Professional has made a decision (or declined to make a decision) on the Claim under the General Conditions and that any litigation regarding the Claim has been concluded. The Design Professional certifies that the Contractor’s Work to the best of the Design Professional’s knowledge, information, and belief was Substantially Complete, as Substantial Completion is defined in the Contract Documents, on . The Design Professional hereby certifies that the difference between (a) the Date for Substantial Completion adjusted by the days under No. 2 and No. 3 above and (b) the date the Contractor’s Work was Substantially Complete is days. submitted by the Contractor and is not intended to imply that any of these Statement of Claim Forms were properly submitted in accordance with Contract Documents or are valid. Security, maintenance, utilities, damage to the Work and insurance are the responsibility of the Owner and the Contractor based on their operations pursuant to final completion of the Work. Copies of this Certificate were provided to the Contractor and the Owner on Design Professional: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇, P.E. Signature: Date: PAYMENT NO. To CITY OF DELAWARE, OHIO PROJECT: ▇. ▇▇▇▇▇▇▇▇ St. – Delaware Run Bridge Deck Rehab (Bid # 03-16) CONTRACTOR: For WORK accomplished through the date of Attach schedule of completed WORK as necessary. The undersigned CONTRACTOR certifies that (1) all previous progress payments received from CITY OF DELAWARE on account of WORK done under the CONTRACT referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with WORK covered by prior APPLICATIONS FOR PAYMENT numbered 1 through inclusive; and (2) title to all materials and equipment incorporated in said WORK or otherwise listed in or covered by this APPLICATION FOR PAYMENT will pass to CITY OF DELAWARE at time of payment free and clear of all liens, claims, security interests, and encumbrances (except such as covered by BOND acceptable to CITY OF DELAWARE). AUTHORIZED REPRESENTATIVE Dated , 20 Payment of the AMOUNT DUE THIS APPLICATION is recommended. PROJECT MANAGER PUBLIC WORKS DIRECTOR Dated , 20 Dated 20 PROJECT: CONTRACTOR: In Support of PAYMENT APPLICATION No.: For the Period Through: STATE OF : : SS, COUNTY OF : The undersigned after first being sworn swears that a) all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate oblig...