Party Claim definition

Party Claim has the meaning given in clause 13.1;

Party Claim has the meaning set forth in Section 7.2(a). "TRADEMARK ASSIGNMENT" has the meaning set forth in Section 3.2(c).

Party Claim. The meaning specified in Section 11.01 hereof. Trailing Documents: Mortgage Loan Documents that are required by an Investor pursuant to Applicable Requirements to be part of the Collateral File that, as of the time of reference, are (i) in the custody of counsel in accordance with Applicable Requirements or (ii) have been submitted for recording and have not yet been returned by the applicable recording office. Transaction Documents: The Transfer Confirmation and this Agreement (including, in each case, any and all exhibits, schedules and attachments to any such documents and any other documents executed or delivered in connection therewith).

Examples of Party Claim in a sentence

• The indemnified Party will give the indemnifying Party at least 30 days’ notice of any proposed settlement or compromise of any Third Party Claim it is defending, during which time the indemnifying Party may assume the defense of, and responsibility for, such Third Party Claim and if it does so the proposed settlement or compromise may not be made.

• The failure to deliver written notice to the Indemnitor within a reasonable time after the commencement of any action with respect to a Third Party Claim shall only relieve the Indemnitor of its indemnification obligations under this Article 9 if and to the extent the Indemnitor is actually prejudiced thereby.

• Seller The Seller may within 30 Business Days after notice is given under clause 16.1 in respect of a Third Party Claim give notice to the Buyer : 16.3.1 acknowledging to the Buyer in a form reasonably satisfactory to the Buyer that the Buyer is entitled to bring a Warranty Claim in relation to the Third Party Claim; and 16.3.2 assuming the conduct of the defence of the Third Party Claim.

• If, however, in the opinion of the indemnified Party’s counsel, the representation by the indemnifying Party’s counsel of both the indemnifying Party and the indemnified Party would present such counsel with a conflict of interest, then such indemnified Party may employ separate counsel to represent or defend it in any such Third Party Claim and the indemnifying Party shall pay the fees and disbursements of such separate counsel.

• The failure to deliver written notice to the Indemnitor within a reasonable time after the commencement of any action with respect to a Third Party Claim shall only relieve the Indemnitor of its ​ ​ indemnification obligations under this Article 11 if and to the extent the Indemnitor is actually prejudiced thereby.

More Definitions of Party Claim

Party Claim has the meaning given in clause 17.2; TINZ Shares has the meaning given in the Background to this Agreement; Transaction means the transaction recorded in this Agreement and the PC Agreement;

Party Claim has the meaning given to such term in Section 11.3;

Party Claim means a Gart Claim, an MC Claim or a TPH Claim.

Party Claim means any claim asserted by any third party (including any Governmental Agency) against the Investor, the Funds, PEP, the Trust, a Manager or a Group Company or Bain Capital llc, in respect of which a Cordiant Party may xx liable under this agreement; Transaction means the subscription by the Funds and the Trust for Investor Shares, the acquisition by the Investor of Company Shares from the Cordiant Parties on the terms of this agreement and the other actions referred to in clause 2;

Party Claim means any claim by a third party against any of the Group Companies which is or may be subject to a claim for compensation pursuant to Clause 8.10 of this Agreement.

Party Claim shall have the meaning given in Section 10.2;

Party Claim that: (a) seeks recovery of Losses claimed by the employees or agents of Distributor or its Affiliates; (b) asserts breach of warranties made by Distributor or its Affiliates to purchasers of the Products in the Territory different from or in addition to those made in by Company in this Agreement with respect to the Products; and/or (c) seeks recovery of damages for injury to persons or damage to property or any other liabilities caused by the willful act, recklessness or negligence of Distributor or its Affiliates, in each case except to the extent that such Losses are subject to indemnification by the Company pursuant to Section 10.1.2.