Rejecting Party definition
Examples of Rejecting Party in a sentence
If the Ultimate Resolution is materially more favorable to the Rejecting Party, then each party will bear its own costs and attorney's fees, subject to any allocation by the Court or appellate court, and any allocation of costs (but not the decision on the merits) in the arbitral decision will be given effect.
When there is more than one Rejecting Party, each Rejecting Party shall purchase the shares and assume financial obligations of Withdrawing Parties in the proportion which the number of its shares bears to the total number of shares held by the Rejecting Parties.
The Parties agree that the other Party, as a licensee of such rights under this Agreement, shall retain and may fully exercise all of its rights and elections under any applicable insolvency statute, and that upon commencement of an Insolvency Event by or against the Rejecting Party, the other Party shall be entitled to a complete duplicate of or complete access to (as the other Party deems appropriate), any such intellectual property and all embodiments of such intellectual property.
If the Supplier representative and the Rejecting Party representative cannot come to agreement on the disposition of the lot within ten (10) days, then the matter will be submitted to an independent lab for determination.
Upon such request, the Supplier will provide the Rejecting Party with an RMA tracer number to be prominently displayed on the shipping container for the returned Daughter Products or Components, as the case may be.
At any time within 30 days after a final ---------------------------- resolution of a dispute through arbitration as provided above, either party (the "Rejecting Party") may, by notice to the other, reject the decision of the arbitrator.
Such quality assurance representative will work with the Rejecting Party to determine the discrepancy in the finding with regards to the lot.
If the ultimate resolution of the dispute in the Court and any appeal therefrom (an "Ultimate Resolution") is not materially more favorable, taken as a whole, to the Rejecting Party than the arbitral decision, then the Rejecting Party shall, within 3 days from the date of such Ultimate Resolution, reimburse the other party for all of its out-of- pocket costs and attorneys fees for the arbitration, the Court proceeding and any appeal therefrom.
In the event that Biosense or Stereotaxis rejects an entire lot pursuant to Sections 8.6 and 8.8 (the "Rejecting Party"), the Parties will take the following actions.
The foregoing thirty (30) day period may be extended for up to an additional thirty (30) days upon written request by the Rejecting Party to the supplier if received prior to the expiration of the original notice period and stating a legitimate reason for such request for extension.