Special Claim definition

Special Claim means an Outcome claim made by the Provider in exceptional circumstances, such as when a system error occurs with no work around available or when the Department cannot complete an override, which creates a new Outcome record or replaces an existing claim in the Department’s IT Systems.

Special Claim means any Third-Party Action that (i) involves any possibility of criminal liability or any action by any Governmental Body, (ii) seeks injunctive relief, specific performance or other equitable relief against an Indemnified Party, (iii) involves any customer of Parent, Buyer or their Subsidiaries, or (iv) involves any matter that could have a material precedential effect on an Indemnified Party.

Special Claim has the meaning set forth in Section 7.2(c)(i).

Examples of Special Claim in a sentence

• The party controlling the defense (the “Controlling Party”) will reasonably advise the Noncontrolling Party of the status of the Third Party Claim and the defense thereof and, with respect to any Third Party Claim that does not relate to a Special Claim, the Controlling Party will consider in good faith recommendations made by the Noncontrolling Party.

• Submitting a special claim If the Department’s IT Systems does not make available a claim that the Provider believes satisfies the requirements of an Outcome, the Provider is able to submit a special claim or an Automated Special Claim.

• The Automated Special Claim process can also be used to downgrade an Outcome, e.g. the Department’s IT Systems have calculated a Full Outcome however the Provider believes that only a Pathway Outcome can be justified.

• To the extent that the Third Party Claim does not constitute a Special Claim, the party not controlling the defense (the “Noncontrolling Party”) may participate therein at its own expense.

• See Appendix 2B for a sample “Checklist - Special Claim for Vacancies During Rent-up”.

More Definitions of Special Claim

Special Claim has the meaning specified in Section 12.5(b).

Special Claim means any Third Person Claim that (i) involves any reasonable possibility of criminal liability or an action by any Governmental Body, in each case, primarily involving the Business (as opposed to other businesses of Xxxxxxx), (ii) seeks as a remedy the imposition of a material equitable remedy that would reasonably be expected to be binding on the Indemnified Party or (iii) if determined adversely, would likely result in the Indemnified Party(ies) bearing a majority of the reasonably foreseeable Losses and Expenses (after taking into account the limitations in this ARTICLE XII).

Special Claim means a (i) Fraud Claim, (ii) Parent Claim in respect of a breach of a representation made in Section 3.4 hereof, (iii) Parent Claim in respect of a breach of a representation made in Section 3.14 hereof or (iv) Parent Claim in respect of a breach of a representation made in Section 3.28 hereof.

Special Claim means any claim by Client against CMC (including any right of Client to claim indemnification hereunder) arising out of or resulting from:

Special Claim has the meaning set forth in Section 9.5(a).

Special Claim means any claim hereunder whether indemnification or otherwise based upon, arising out of or otherwise in respect of (i) any inaccuracy or omission in or any breach of any representation, warranty, covenant or agreement of Seller contained in Sections 3.10, 3.18(a)(iv), 3.18(a)(viii), 3.22, 3.24 or 3.31 or otherwise concerning Taxes, or (ii) indemnification under Section 6.2.1(b), (d) or (f).

Special Claim means any Third Party Claim (1) involving criminal liability or (2) in which any relief other than monetary damages is sought against the Indemnified Party.