Products Liability Claim definition

Products Liability Claim means any claim or Claim arising out of and/or
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Products Liability Claim means any claim brought by a third party arising out of any bodily or personal injury, property damage or economic loss to the extent such injury or loss arises from the alleged defective design or hazardous or toxic nature of products or materials mined, manufactured, warehoused, handled, distributed or sold or services performed by (i) the Manville Business at any time during the Manville Period or (ii) the Business at any time from and after July 31, 1991.
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Products Liability Claim means any claim or Claim arising out of and/or related to, in any manner or fashion, any product or products manufactured, designed, supplied, produced, marketed sold and/or distributed by or on behalf of any Debtor, including in which litigation is pending against the Debtors, including the Products Liability Lawsuits, or for which the Debtors’ liability on account of such claim or Claim has been established by Final Order.
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Examples of Products Liability Claim in a sentence

  • The indemnification obligations of the Seller provided for in this Article IX shall be the exclusive remedy against the Seller or any Affiliate of the Seller available to the Purchaser Indemnitees in respect of any Products Liability Claim brought by any Person at any time.

  • Schedule 3.34 sets forth a list of all claims for coverage in respect of Products Liability Claims which have been formally submitted to insurers under the Seller Umbrella Policies for coverage, and, as of the date of this Agreement, no written denial of coverage for any Products Liability Claim set forth in Schedule 3.34 has been received by the Seller from any insurer under the Seller Umbrella Policies.

  • To the extent reasonably feasible, both Parties shall endeavor to use the same counsel to defend both the Supplier and the Distributor in any Products Liability Claim.

  • For purposes of determining whether the Purchaser or the Seller has the greater share of potential risks and Losses in respect of such Products Liability Claim, the length in time of the plaintiff's exposure to the products of the Manville Business shall be deemed to be for the account of the Seller.

  • Requirements of a Products Liability Claim in Tort It has long been established that a manufacturer owes a duty of care to its ultimate consumers.238 However, it is not only manufacturers that can be held liable in the case of product defects.

  • July 9, 1997Three-hour, State of North Carolina Approved Continuing Education Course entitled "Identification of a Products Liability Claim", Charlotte, North Carolina.

  • The parties hereto agree to render to each other such assistance as may reasonably be requested in order to insure the proper and adequate defense of any Pre-Closing Products Liability Claim, including making employees available on a mutually convenient basis to provide additional information and explanation of any relevant materials or to testify at any proceedings relating to such claim or action.

  • Upon receipt of such notice, Seller shall be entitled to participate in the defense of such Pre-Closing Products Liability Claim at its own cost and expense.

  • Accordingly, the Court should dismiss Plaintiff’s public nuisance claim with prejudice.2. Plaintiff Fails to Plead a Viable Products Liability Claim.

  • Nothing in this Section 3.13 shall be deemed to require Contractor to indemnify PM against any Products Liability Claim (as defined in Section 3.14 below) to the extent Contractor is entitled to indemnity from PM with respect to such Products Liability Claim pursuant to Section 3.14 below.


More Definitions of Products Liability Claim

Products Liability Claim means any claim, suit, action, or proceeding by a third party claiming liability on behalf of Seller to which Seller is subject insofar as such liability is based upon, arises out of or is otherwise in respect of any express or implied representation, warranty, agreement or guaranty to a customer, user or purchaser made or claimed to have been made by Seller or arising out of or due to, or asserted to be arising out of or due to, the development, manufacturing, processing, marketing, advertising, distribution or sale of the product or drug by Seller on or before the Closing Date.
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Products Liability Claim means any accident, happening or event which is caused or allegedly caused by any alleged hazard or alleged defect in manufacture, design, materials or workmanship including, without limitation, any alleged failure to warn or any breach of express or implied warranties or representations with respect to, or any such accident, happening or event otherwise involving, a product (including any parts or components) made or distributed by the Company or any Subsidiary on or prior to the Closing Date which results or is alleged to have resulted in injury or death to any person or damage to or destruction of property, or other consequential damages.
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Products Liability Claim any claim for alleged damage or injury to person or property (a) arising out of any express or implied representation, warranty, agreement or guaranty made or claimed to have been made by or on behalf of an Acquired Company, or (b) based upon any statute or common law theory of tort or strict liability or civil law theory of delict, in each case in connection with any products or services produced, prepared, created, sold or rendered by or on behalf of such Acquired Company in connection with the Business. Appendix I - 10
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Products Liability Claim means any Claim which is pending as of the Closing Date or otherwise concerns any product manufactured, assembled, shipped, sold or delivered by or on behalf of the Sellers or Parent on or prior to the Closing Date related to or resulting from an alleged defect in design, manufacture, assembly, materials or workmanship of any product manufactured, assembled, shipped, sold or delivered by or on behalf of the, Sellers or Parent or any alleged failure to warn, or any alleged breach of express or implied warranties or representations occurring on or prior to the Closing Date.
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Related to Products Liability Claim

  • Product Liability Claim means a Claim of a Third Party (other than a Claim arising out of use of the Product in a clinical trial) that (i) arises as a result of the use of the Product during the Term that results in personal injury or death or (ii) is in anticipation of or intended to prevent or forestall personal injury or death as a result of the use of the Product during the Term.

  • Products Liability means:Your legal liability in respect of Personal Injury and/or Property Damage caused by or arising out of any Products or the reliance upon a representation or warranty made at any time with respect to such products; but only where such Personal Injury and/or Property Damage occurs away from premises owned or leased by or rented to You and after physical possession of such products has been relinquished to others.

  • Liability Claim has the meaning set forth in Section 7.2(a).

  • Product Liability means any liability, claim or expense, including but not limited to attorneys’ fees and medical expenses, arising in whole or in part out of a breach of any express or implied product warranty by the Company, strict liability in tort, negligent manufacture of product, negligent provision of services, product recall, or any other allegation of liability arising from the design, testing, manufacture, packaging, labeling (including instructions for use), or sale of products.

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

  • Product Liabilities means all claims, Liabilities and Proceedings related to or arising from actual or alleged harm, injury, damage or death to persons, animals, property or business, irrespective of the legal theory asserted, and resulting from or alleged to result from the use, sale or manufacture of the Products.

  • Defects Liability Period means the warranty period following the taking over, during which the Contractor is responsible for making good, defects and damage in Goods and Services provided, under the Contract.

  • IPR Claim means any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of any IPR, used to provide the Services or as otherwise provided and/or licensed by the Supplier (or to which the Supplier has provided access) to the Authority in the fulfilment of its obligations under this Framework Agreement;

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Indemnity Obligations means all obligations of the Company to Indemnitee under this Agreement, including the Company’s obligations to provide indemnification to Indemnitee and advance Expenses to Indemnitee under this Agreement.

  • Rejection Damages Claim means any Claim on account of the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code or the repudiation of such contract.

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

  • Maximum Liability has the meaning assigned to such term in Section 10.10.

  • Indemnification Claim has the meaning set forth in Section 8.4(a).

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

  • BRRD Liability means a liability in respect of which the relevant Write Down and Conversion Powers in the applicable Bail-in Legislation may be exercised.

  • Defect Liability Period in relation to a work means the specified period from the date of COMPLETION CERTIFICATE upto the date of issue of FINAL CERTIFICATE during which the CONTRACTOR stands responsible for rectifying all defects that may appear in the works executed by the CONTRACTOR in pursuance of the CONTRACT and includes warranties against Manufacturing/Fabrication/ Erection/Construction defects covering all materials plants, equipment, components, and the like supplied by the CONTRACTOR, works executed against workmanship defects.

  • Legal Liability means responsibility which courts recognize and enforce between persons who sue one another.

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

  • AWR Claim means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hirer and/or the Employment Business for any breach of the AWR;

  • Bodily injury means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time.

  • Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).

  • Catastrophic illness or injury means one of the following:

  • Exculpated Claim means any claim related to any act or omission in connection with, relating to or arising out of the Debtors’ in or out-of-court restructuring efforts (including any and all actions associated with exploration and solicitation of financing/refinancing opportunities, sales or similar transactions, restructurings, the Chapter 11 Cases, formulation, preparation, dissemination, negotiation or filing of the Disclosure Statement or the Plan or any contract, instrument, release or other agreement or document created or entered into in connection with the Disclosure Statement or the Plan, the filing of the Chapter 11 Cases, the pursuit of confirmation of the Plan, the administration and implementation of the Plan, the issuance of the Series 2020 Note and the execution of 2020 Bond Documents, or the distribution of property under the Plan or any other related agreement; provided, however, that Exculpated Claims shall not include any act or omission that is determined in a Final Order to have constituted gross negligence, willful misconduct or fraud to the extent imposed by applicable non-bankruptcy law. For the avoidance of doubt, no Cause of Action, obligation or liability expressly established or preserved by the Plan or the Plan Supplement constitutes an Exculpated Claim.

  • Indemnification Claim Notice has the meaning set forth in Section 11.3.

  • Warranty Claim means a claim for breach of any of the Warranties.