Examples of Specific Claim in a sentence
To the extent payment of Indemnifiable Amounts in connection with a Specific Claim is actually made to the Indemnitee under a valid and collectible insurance policy the premiums for which have been paid by the Company, Indemnitee shall not be entitled to payment hereunder of Indemnifiable Amounts with respect to such Specific Claim except to the extent that the amount of payment under such insurance policy is less than such Indemnifiable Amounts.
Nor will any Party assist the efforts of any third party attempting to enforce or collect an amount based on a Claim or Specific Claim, unless required to do so by a court of competent jurisdiction.
Some examples of third party actions where indemnity is appropriate under this Section 9 include: where the third party brings its claim based on subrogation rights or derivative actions, or based on an assignment by a Party of that Party's rights to a Claim or Specific Claim.
Inhibrx shall not enter into any settlement of, or consent to an adverse judgment in, any Infringement Action brought under this Section 8.4.3 that would affect the scope, exclusivity or duration of any Just Specific Claim in any Inhibrx Patent or any of Just’s rights under this Agreement, or that would impose a financial obligation on Just, or impose any admission of guilt or liability on Just without Just’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed.
The Parent Indemnified Parties may obtain indemnification for any Parent Indemnifiable Damages or Specific Claim Damages to which this Section 9.2 relates only if they make a claim for indemnification within the Indemnification Period (as defined below).
No settlement shall be reached and no proceeding shall be compromised or settled in any manner which might materially and adversely affect the interests of Tellium or the Surviving Corporation without the prior written consent of Tellium; provided, however, that any settlement that contains a Laor Release and payment for which is limited to any or all of the Specific Claim Shares (as defined in the Escrow Agreement) shall be deemed not adverse to Tellium or the Surviving Corporation.
Except for claims for indemnification and contribution described in Section 3(c), no Party will (a) commence or in any manner seek relief against another Party through any suit or proceeding arising, based upon, or relating to any of the Claims or Specific Claims, or (b) voluntarily become a party to any suit or proceeding arising from or in connection with an attempt by or on behalf of any third party to enforce or collect an amount based on a Claim or Specific Claim.
Without prejudice to Clause 16, the Seller shall not be liable for any Specific Claim to the extent that the Losses in respect of which such claim is made are actually recovered under a policy of insurance.
The Seller shall not be liable in respect of any Specific Claim (other than a Tax Claim) to the extent that such claim arises as a result of, or is increased by, the failure of the Purchaser to comply with any of its obligations under this Agreement or the Tax Indemnity to the extent that such breach would increase Losses.
Except for claims for indemnification and contribution described in Sections 5(d) and 9, no Party will (a) commence or in any manner seek relief against another Party through any suit or proceeding arising, based upon, or relating to any of the Claims or Specific Claims, or (b) voluntarily become a party to any suit or proceeding arising from or in connection with an attempt by or on behalf of any third party to enforce or collect an amount based on a Claim or Specific Claim.