Third Party Beneficiary Claim definition

Third Party Beneficiary Claim means a claim brought pursuant to Sections 9.6 or 9.7.
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Third Party Beneficiary Claim shall have the meaning set forth in Section 3.4.
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Third Party Beneficiary Claim means a claim brought pursuant to this Agreement and the Adopter Agreement.
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Examples of Third Party Beneficiary Claim in a sentence

  • Each Third Party Beneficiary shall make its own decision on whether to join the Third Party Beneficiary Claim or not.

  • Third Party Beneficiary’s exercise of its right to be a third party beneficiary under this section 3.4 shall not constitute an election against any statutory or other non-contractual remedy against a Licensee which may be available to such Third Party Beneficiary for the same act that gave rise to the Third Party Beneficiary Claim.

  • Judgment entered upon such Third Party Beneficiary Claims shall be binding on all Third Party Beneficiaries, who received notice from CI Plus TA as if they had joined such Third Party Beneficiary Claim.

  • Within sixtythirty (360) calendar days of such notice, each Third Party Beneficiary shall elect whether to join the Third Party Beneficiary Claim and provide notice of intent to join such Third Party Beneficiary Claim to CI Plus TA.

  • Third Party Beneficiary shall have no right to enter into any action in pursuit of a Third Party Beneficiary Claim that: (a) amends any material term of any CI Plus TA’s agreements; or (b) has an adverse effect on the integrity and/or security of CI Plus TA, unless CI Plus TA has provided prior written consent thereto.

  • Adopter Beneficiary shall have no right to enter into any action in pursuit of an Adopter Third Party Beneficiary Claim that: (a) amends any material term of any CI Plus TA’s agreements; or (b) has an adverse effect on the integrity and/or security of CI Plus TA, unless CI Plus TA has provided prior written consent thereto.

  • Neither Third Party Beneficiary’s failure to notify and consult with CI Plus TA, nor CI Plus TA’s failure to give notice to any Third Party Beneficiary in accordance with these Third Party Beneficiary Claim procedures shall be a defense to any Third Party Beneficiary Claim or grounds for a request to delay the granting of preliminary relief requested.

  • The Third Party Beneficiary instituting or initiating a Third Party Beneficiary Claim shall support, and Defendant shall not object to, any motion by another Third Party Beneficiary to so join provided it is instituted within the sixtythirty (360) calendar day period following notice by CI Plus TA of a Third Party Beneficiary Claim.

  • The failure by a particular Third Party Beneficiary to provide notice to CI Plus TA and to move to join such Third Party Beneficiary Claim within the allotted sixtythirty (360) calendar day period shall be deemed a waiver of such party’s right to be a Third Party Beneficiary under its applicable agreement with respect to all contract claims it may have against Defendant arising out of the alleged breach asserted pursuant to the notified Third Party Beneficiary Claim.

  • Upon receipt of any notice of a Third Party Beneficiary Claim against a defendant (“Defendant”), CI Plus TA shall provide timely notice only to such Third Party Beneficiaries who have a right to make the same Third Party Beneficiary Claim.

Related to Third Party Beneficiary Claim

  • Third Party Beneficiary means each of the non-NHS bodies set out in the list attached at Schedule 1, as supplied from time to time by the Authority to the Contractor;

  • Third Party Beneficiaries has the meaning ascribed thereto in Section 8.6(1).

  • Exculpated Claim means any claim related to any act or omission in connection with, relating to or arising out of the Chapter 11 Case, formulation, preparation, dissemination, negotiation, or filing of the Disclosure Statement or the Plan or any contract, instrument, release, or other agreement or document created or entered into in connection with the Disclosure Statement or the Plan, the filing of the Chapter 11 Case, the pursuit of confirmation or consummation of the Plan, the administration and implementation of the Plan, including the distribution of property under the Plan or any other related agreement. For the avoidance of doubt, no Cause of Action, obligation, or liability expressly preserved by the Plan constitutes an Exculpated Claim.

  • Third party claimant means any individual, corporation, association, partnership, or other legal entity asserting a claim against any individual, corporation, association, partnership, or other legal entity insured under an insurance policy or insurance contract.

  • Released Claim means the matters that are subject to release and discharge pursuant to ARTICLE 10 hereof;

  • Released Class Claims means the claims being released as described in Paragraph 6.2 below.

  • Notification of Claim means the process of intimating a claim to the insurer or TPA through any of the recognized modes of communication.

  • Released Plaintiff Claims means any and all manner of claims, demands, rights, liabilities, losses, obligations, duties, damages, costs, debts, expenses, interest, penalties, sanctions, fees, attorneys’ fees, actions, potential actions, causes of action, suits, agreements, judgments, decrees, matters, counterclaims, offsets, issues, and controversies of any kind, nature, or description whatsoever, whether accrued or unaccrued, disclosed or undisclosed, apparent or not apparent, foreseen or unforeseen, matured or not matured, suspected or unsuspected, liquidated or not liquidated, fixed or contingent, whether based on state, local, federal, statutory, regulatory, common, or other law or rule, including known claims and Unknown Claims, that (a) were asserted in the Derivative Matters, or (b) Plaintiffs (individually or derivatively on behalf of AMC) or AMC ever had, now have, or hereafter can, shall, or may have that, in full or in part, concern, relate to, arise out of, or are in any way connected to the claims, allegations, transactions, facts, circumstances, events, acts, disclosures, statements, representations, omissions, or failures to act alleged, set forth, referred to, or involved in the Derivative Matters. For the avoidance of doubt, the Released Plaintiff Claims shall not include any claims to enforce the Stipulation or the Settlement.

  • Remainder beneficiary means a person entitled to receive principal when an income interest ends.

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Beneficiary means the person, persons, trust or trusts that have been designated by a Participant in his or her most recent written beneficiary designation filed with the Committee to receive the benefits specified under the Plan upon such Participant’s death or to which Awards or other rights are transferred if and to the extent permitted under Section 10(b) hereof. If, upon a Participant’s death, there is no designated Beneficiary or surviving designated Beneficiary, then the term Beneficiary means the person, persons, trust or trusts entitled by will or the laws of descent and distribution to receive such benefits.

  • Released Claims means all Released Defendants’ Claims and all Released Plaintiffs’ Claims.

  • Refund beneficiary means an individual nominated by a qualified participant or a former qualified participant under section 66 to receive a distribution of the participant's accumulated balance in the manner prescribed in section 67.

  • Settled Claims means any and all claims, debts, demands, rights or causes of action or liabilities (including, but not limited to, any claims for damages, interest, attorneys’ fees, expert or consulting fees, and any other costs, expenses or liability), whether based on United States federal, state, local, statutory or common law or any other law, rule or regulation, whether foreign or domestic, fixed or contingent, accrued or unaccrued, liquidated or unliquidated, at law or in equity, matured or unmatured, foreseen or unforeseen, whether class or individual in nature, including, without limitation, both known claims and Unknown Claims (as defined below) (i) that have been asserted in the Action by Lead Plaintiff and the Class Members or any of them against any of the Released Parties (whether pleaded in the Complaint or not), or (ii) that could have been asserted in the Action or in any forum by Lead Plaintiff and the Class Members or any of them against any of the Released Parties, which arise out of any of the claims, allegations, activities, press releases or public statements set forth in the Complaint and relate to the purchase, sale, transfer or acquisition of the publicly traded common stock of Superior during the Class Period, or any actions, representations or omissions that were alleged or might have been alleged to affect the price of any publicly traded common stock of Superior during the Class Period. For the avoidance of doubt, Settled Claims do not include derivative claims against the Individual Defendants which are the property of Superior’s bankruptcy estate, including but not limited to claims asserted in Barbara Fontenelle, deriva- tively on behalf of Nominal Defendant Superior Offshore International, Inc., Cause No. 2008-16760, filed in the 234th Judicial District of Harris County, Texas and Gary Pearlman, derivatively on behalf of Nominal Defendant Superior Offshore International, Inc., Civil Action No. H-08-0740, filed in the Southern District of Texas, Houston Division.

  • Released PAGA Claims means the claims being released as described in Paragraph 6.2 below.

  • Disability benefits means any cash payments which are payable to a covered individual for all or part of a period of disability pursuant to P.L.1948, c.110 (C.43:21-25 et al.).