Unsubstantiated means the same as that term is defined in Section 62A-4a-101.
Allegation means any written or oral statement or other indication of possible scholarly misconduct made to an institutional official.
Substantiated report means a report of sexual conduct that TSPC or ODE determines is founded.
Substantiated means an abuse investigation has been completed by the Department or the Department's designee and the preponderance of the evidence establishes the abuse occurred.
Nonconformity or “Nonconformities” means any failure or failures of the Software to conform to the requirements of this Contract, including any applicable Documentation.
Unlicensed person means any person who is not a licensed dealer under this chapter.
Direct Claim has the meaning set forth in Section 8.05(c).
Claims Notice has the meaning set forth in Section 9.3(a).
Inappropriate use means a use that is inconsistent with an educational purpose or that is in clear violation of this policy and the Acceptable Use Agreement.
legal or administrative action means any legal proceeding or arbitration and any administrative or regulatory action or investigation;
Indemnifier means any Party obligated to provide indemnification under this Agreement;
Warranty Claim means a claim for breach of any of the Warranties.
Complaint Investigation means an investigation of any complaint that has been made to a proper authority that is not covered by an abuse investigation.
Tax Filing Authorised Person means such person as any Director shall designate from time to time, acting severally.
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.
Infringement Claim has the meaning set forth in Section 8.2(a).
Third Party Claim has the meaning set forth in Section 8.3.
Recall means any measure aimed at achieving the return of a device that has already been made available to the end user;
infringement notice has the meaning set forth in Section 7.4.1;
Prospective state contractor means a person, business entity or nonprofit organization that (i) submits a response to a state contract solicitation by the state, a state agency or a quasi-public agency, or a proposal in response to a request for proposals by the state, a state agency or a quasi-public agency, until the contract has been entered into, or (ii) holds a valid prequalification certificate issued by the Commissioner of Administrative Services under section 4a-100. "Prospective state contractor" does not include a municipality or any other political subdivision of the state, including any entities or associations duly created by the municipality or political subdivision exclusively amongst themselves to further any purpose authorized by statute or charter, or an employee in the executive or legislative branch of state government or a quasi-public agency, whether in the classified or unclassified service and full or part-time, and only in such person's capacity as a state or quasi-public agency employee.
Proper Invoice means a written request for Payment that is submitted by a Contractor setting forth the description, price or cost, and quantity of goods, property or services delivered or rendered, in such form, and supported by such other substantiating documentation, as NYSERDA may reasonably require, including but not limited to any requirements set forth in Exhibits A or B to this Agreement; and addressed to NYSERDA’s Controller, marked “Attention: Accounts Payable,” at the Designated Payment Office.
Claim Notice has the meaning set forth in Section 8.4(a).
Indemnifiable Loss means, with respect to any Person, any action, claim, cost, damage, deficiency, diminution in value, disbursement, expense, liability, loss, obligation, penalty, settlement, suit, or tax of any kind or nature, together with all interest, penalties, legal, accounting and other professional fees and expenses reasonably incurred in the investigation, collection, prosecution and defense of claims and amounts paid in settlement, that may be imposed on or otherwise incurred or suffered by such Person, whether directly or indirectly.
Responder means a vendor who responds to a Solicitation.
complaining Party means any Party that requests the establishment of an arbitration panel under Article 3.5 (Initiation of the Arbitration Procedure);
Third Party Claim Notice shall have the meaning set forth in Section 6.5(a).