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.
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).
Prezzano elected to defer $37,500 and $75,000, respectively, into a stock account and as a result an aggregate of 1,053 and 2,107 stock units, respectively, were credited to them under our Deferred Compensation Plan for Non-Employee Directors.
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.
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.
Authorized Union representatives or Union officers or stewards shall have access to and be admitted to non-public areas of Employer worksites during working hours subject to reasonable security requirements including advance notice to the appropriate management representative.