Remaining Claims definition

Remaining Claims. If the mediation process concludes with 100 or more unresolved Mass Arbitrations remaining, any party to a remaining Mass Arbitration may elect to no longer have the arbitration requirement in this Section 13 apply to all remaining Mass Arbitrations for which a compliant Claimant Notice was received by the other party but that were not resolved in the bellwether process or global mediation. To be effective, such an election must be communicated in writing (email suffices) to counsel for the opposing party (or to the opposing party if they do not have counsel) within 30 days of mediation concluding. Mass Arbitrations released from the arbitration requirement must be resolved in accordance with Section 13.

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Remaining Claims means any suits, actions, controversies, demands, rights, causes of action, or other claims of every nature, character, and description, in law or in equity, that (1) Plaintiff or the Settlement Class Members may have against Smirk’s Ltd. and/or Molinos Asociados SAC or (2) Daily Harvest and Stone Gate Foods may have against Smirk’s Ltd. sounding in breach of contract or warranty to recover commercial damages and costs to defend this Litigation.

Remaining Claims means the Original Claims less the Lapsing and Lapsed Claims.

Examples of Remaining Claims in a sentence

Plaintiffs, including all members of the Settlement Classes, will not provide any releases to Defendants, but will not reassert or revive the Remaining Claims or substantially similar claims for systemic relief against Hennepin County Defendants or the State Defendant for a period of four (4) years after the Date of Final Approval, unless as expressly permitted by the Court because the Court has determined that there has been a material and unremedied breach of this Agreement.
The Parties stipulate to the dismissal of the Remaining Claims without prejudice.
This settlement and the dismissal without prejudice of the Remaining Claims will be binding upon the “Settlement Classes” consisting of all members of the Special Relationship Settlement Class and the Maltreatment Report Settlement Class.
If the Court determines that there has been a material and unremedied breach of this Agreement, Plaintiffs may reassert or revive their Remaining Claims or substantially similar claims for systemic relief against only the breaching Party or Parties.
Any portion of the Claim Shares which shall continue to be held by the Escrow Agent pursuant to the preceding sentence shall be so held until such time as all Remaining Claims hereunder have been settled or resolved.
The Access Easement shall constitute a covenant burdening and running with the Claims or any portion thereof for the benefit of the Remaining Claims or any portion thereof, provided that the use of the Access Easement shall not unreasonably interfere with DTMC’s use of the Claims, provided further that Grantor shall pay no rent, fees, or charge therefor, and provided further that the Access Easement is in addition to and not in derogation of any other rights of access available to Crown Mines by law.
Within ten days of the Effective Date of this Agreement, the Parties will file the attached “Joint Motion to Dismiss All Remaining Claims With Prejudice,” attaching this Agreement as an exhibit thereto.
The FDIC Receiver acknowledges that the value, at this time, of the Potential Claims is negligible in comparison to the value of the remaining claims that the FDIC Receiver is compromising by this Agreement (the “Remaining Claims”), and that the consideration that the FDIC Receiver is receiving by this Agreement is entirely or almost entirely a result of the release of the Remaining Claims.

More Definitions of Remaining Claims

Remaining Claims means any and all damage, loss, claim, expense, deficiency or cost arising from any and all incidences related to the Remaining Business, including without limitation, any pending or threatened or inchoate claims, actions, suits or proceedings by any employee, Governmental Entity or third party arising against the Buyer or the Seller Subsidiaries with respect to the Remaining Business.

Remaining Claims means Claims that the INNU can still make for Adverse Effects, because the IBA compensation does not cover these Remaining Claims. Remaining Claims would include Claims, losses or damages about ⮚ personal injury, injury to health or death of an individual Innu caused by the Project, except if due to eating wildlife or fish contaminated because of the Project. (In other words, the IBA compensation covers claims about eating wildlife or fish contaminated by the Project, but it does not cover, for example, if an Innu person was hit by a truck during construction, hurt by a falling transmission line, or if an Innu employee was injured on the job.) ⮚ damage to personal property because of negligence, wilful misconduct or unlawful actions of Company, Contractor or Subcontractors • while operating vehicles or equipment • causing malfunctions or accidents in the Project’s equipment or facilities ⮚ The IBA payments and other benefits fully compensate the INNU for the Adverse Effects of the Project, except for Remaining Claims. ⮚ Innu Nation and the First Nations cannot sue or make other demands for compensation for these Adverse Effects against Company, Contractors and Subcontractors. This is called a RELEASE. The release does not cover Remaining Claims. ⮚ Innu Nation and the First Nations would have to pay back any amount ordered or agreed to be paid by Company, Contractor and Subcontractors due to Claims by the INNU for Adverse Effects. This is called an INDEMNITY. The indemnity does not cover Remaining Claims. It also would not cover the legal costs and expenses of Company, Contractors and Subcontractors. If insurance carried by the Company, Contractor or Subcontractors covered the Claim, this indemnity would apply to the amount not covered by insurance proceeds. ⮚ The purpose of the indemnity is to discourage individual Innu and the Innu of Labrador from bringing any Claims about Adverse Effects, except for Remaining Claims. ⮚ If the indemnity were ever to kick in, the IBA sets out the process to be followed. ⮚ The amount of the indemnity can be recovered from the Annual Payments (see Chapter 7).