Refusing Party definition

Refusing Party shall have the meaning set forth in Section 16.1(e).
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Refusing Party has the meaning set forth in Section 11.6.
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Refusing Party has the meaning specified in Section 7.3(4).
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Examples of Refusing Party in a sentence

  • If one party ("Refusing Party") refuses to simultaneously submit such estimate to the other party ("Other") within such 10-day period, then the Other may notify the Refusing Party of the Other's willingness to make such simultaneous submittal.

  • If the Refusing Party fails to make such simultaneous submittal within five (5) business days thereafter, the other party's good faith estimate of Fair Market Rental Value shall be Fair Market Rental Value.

  • Either party, upon receipt of tender from any indemnitee hereunder (the “Tendering Indemnitee”), may refuse to provide indemnity or defense hereunder (the “Refusing Party”), if the Refusing Party, in reliance upon an opinion of qualified counsel, has determined that a valid basis exists for determining that the claim, for which indemnity or defense is sought, is not required to be indemnified or defended pursuant to the terms of this Agreement.

  • However, if the Tendering Indemnitee shall be required by a final judgment to pay any amount in respect of any obligation or liability against which it has been determined by final judgment that the Refusing Party is required to indemnify or defend under this Agreement, the Refusing Party shall promptly reimburse the Tendering Indemnitee in an amount equal to the amount of such payment.

  • Such portion shall be pro rata to percentages of Transaction Shares to be sold by each such Seller that refused to proceed with the Closing, excluding the ownership percentage of any Seller that is not a Refusing Party.

  • In the event that the Refusing Party is one or more of the Sellers, then each Seller (who is a Refusing Party) shall be severally responsible for a portion of the break up penalty such that the aggregate break up penalty payable by such Sellers shall be equal to seven million Reais (R$7,000,000.00).

  • If the Offer is not accepted by the other party(s) (the "Refusing Party") within five (5) days after receipt of the Offer by the Refusing Party, any party may refer the dispute to mediation before any mutually agreeable organization regularly offering services as a mediator.

  • The Termination Fee contemplated herein shall be payable to the Company or the Parent, as applicable, within seven (7) Business Days of the date that the Non-Refusing Party provides reasonable evidence that it is ready, willing and able to consummate the transactions contemplated by this Agreement to the Refusing Party.

  • If the parties are unable to agree upon a mediator within five (5) days after the Offer is received by the Refusing Party, the dispute shall be mediated by the Judicial Arbitration & Mediation Service, 2 Embarcadero Center, San Francisco, California ("JAMS").

  • However, if the Tendering Indemnitee shall be required by a final judgment to pay any amount in respect of any obligation or liability against which it has been determined by final judgment that the Refusing Party is required to indemnify or defend under this Agreement, the Refusing Party shall promptly reimburse the Tendering Indemnitee in an amount equal to the amount of such payment, according to proof.


More Definitions of Refusing Party

Refusing Party shall have the meaning set forth in Section 2.1.2.2.3.
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Related to Refusing Party

  • Opposing Party means the third party that owes Borrower the Miscellaneous Proceeds or the party against whom ▇▇▇▇▇▇▇▇ has a right of action in regard to the Miscellaneous Proceeds.

  • Notifying Party As defined in Section 3.01(i).

  • Settling Party means any one of, and “Settling Parties” means all of, the parties to the Stipulation, namely Defendants and Plaintiffs (on behalf of themselves and the Settlement Class).

  • Qualifying Party means (a) an Additional Limited Partner; (b) an Immediate Family Member, or a lending institution as the pledgee of a Pledge, who is the transferee in a permitted transfer pursuant to Section 11.3; or (c) a Substituted Limited Partner succeeding to all or part of the Limited Partner Interest of (i) an Additional Limited Partner or (ii) an Immediate Family Member, or a lending institution who is the pledgee of a Pledge, who is the transferee in a permitted transfer pursuant to Section 11.3.

  • Relying Party means an individual or entity that acts in reliance on a Certificate or digital signature associated with a Certificate.