Qualifying Claim definition

Qualifying Claim means any written claim made by a third party that the Licensee's use of the Work in accordance with this Licence infringes intellectual property rights owned or controlled by that that third party;

Qualifying Claim has the meaning set forth in Section 6.05(a).

Qualifying Claim means any complaint made in writing that any Indemnified Person (as defined below) acting in accordance with the Licence has infringed copyright and/or database right in Licensed Material or in any part of it or in the typographical arrangement of the published edition in which Licensed Material is contained.

Examples of Qualifying Claim in a sentence

• No Claimant shall be permitted to recover from any Allocation Pool unless that Claimant 15 submits a Qualifying Claim.

• If the initial proposed distribution to both Allocation Pools would result in all Eligible Claimants in both Allocation Pools receiving all of their Qualifying Claim amounts, then any funds remaining in each Allocation Pool shall be distributed pro rata within that pool.

• No Eligible Claimant shall be permitted to recover from any Allocation Pool unless that Claimant submits a timely Proof of Claim with a Qualifying Claim for that Allocation Pool.

• To determine each Eligible Claimant’s pro rata share of an Allocation Pool, the Settlement Administrator shall multiply the total value of that Allocation Pool by a fraction, for which (a) the numerator is the Qualifying Claim amount for that Eligible Claimant for that Allocation Pool, and (b) the denominator is the sum total of all Qualifying Claim amounts by all Eligible Claimants for that Allocation Pool.

• If the initial proposed distribution to an Allocation Pool would result in all Eligible Claimants in that pool receiving more than all of their Qualifying Claim amounts, then any funds remaining in that pool following such distribution shall be reallocated to the other pool if that other pool does not have sufficient funds to pay all Eligible Claimants in that other pool all of their Qualifying Claim amounts.

More Definitions of Qualifying Claim

Qualifying Claim means any claim the defense of which may be assumed by the Company under Section 2(e) above (i.e., any claim that (A) is not described in the first clause (i) of said Section 2(e) and (B) with respect to which the Company has acknowledged its unconditional duty to indemnify as described in first clause (ii) of said Section 2(e)), “Recommended Settlement” shall mean a reasonable written settlement proposal, in full and final executable form in all material respects, and “Fails To Pursue” shall mean either (i) Indemnitee’s failure to communicate a Recommended Settlement to the principal adverse party in the subject matter within 30 days after Indemnitee’ receipt thereof from the Company, or (ii) Indemnitee’s failure to agree to any Recommended Settlement that has been accepted by all adverse parties in the subject matter within 30 days after receipt thereof, provided the Company has (A) irrevocably deposited all funds necessary to satisfy all of Indemnitee’s obligations under such Recommended Settlement in an account subject to Indemnitee’s or a third party’s control and (B) irrevocably taken all actions and given all instructions necessary or appropriate to permit such funds to be applied in satisfaction of such obligations of Indemnitee.

Qualifying Claim means any written claim made by a third party that such third party, and not DACS, controls the right to license the Licensed Acts;

Qualifying Claim shall have the meaning ascribed in Section 7.3.

Qualifying Claim has the meaning set out in clause 10.3(a);

Qualifying Claim has the meaning set forth in Section 9.3(a).

Qualifying Claim means any claim or complaint made in writing that any Indemnified Person (as defined below) acting in accordance with the Licence has infringed copyright and/or database right in Licensed Material or in any part of it or in the typographical arrangement of the published edition in which Licensed Material is contained. A “Qualifying Claim” shall not include any claim or complaint to the extent arising out of:

Qualifying Claim means a claim by a Settlement Class Member for a distribution from the Settlement Funds that is supported by a properly completed and timely submitted Claim Form and which confirms one or more Qualifying Purchases by the Settlement Class Member.