Claims and Responses Clause Samples

Claims and Responses. A Party seeking indemnification hereunder (“Indemnitee”) will give prompt written notice (“Claim Notice”) to the Party from which indemnification is sought (“Indemnitor”) of any claim which it discovers or of which it receives notice after the Closing (including any claim or action brought by a third party) and which might give rise to a right of indemnification by it against Indemnitor under this Agreement (“Claim”), stating the nature, basis and (to the extent known) estimated amount thereof (the aggregate amount of such estimate, as it may be modified by such Indemnitee in good faith from time to time, “Claimed Amount”); provided that the failure to give prompt notice of such Claim shall not jeopardize any Indemnitee’s right to indemnification unless such failure shall have materially prejudiced the ability of Indemnitor to defend such Claim. During the thirty (30) day period commencing upon receipt by Indemnitor of a Claim Notice from Indemnitee (“Dispute Period”), Indemnitor may deliver to such Indemnitee a written response (“Response Notice”) in which Indemnitor (i) agrees that the full Claimed Amount is owed to Indemnitee; (ii) agrees that part, but not all, of the Claimed Amount is owed to Indemnitee; or (iii) indicates that no part of the Claimed Amount is owed to Indemnitee. If the Response Notice is delivered in accordance with clauses (ii) or (iii) of the preceding sentence, the Response Notice shall also contain a brief description of the facts and circumstances supporting the claim set forth in such Response Notice that only a portion or no part of the Claimed Amount is owed to Indemnitee, as the case may be. Any part of the Claimed Amount that is not agreed to be owed to Indemnitee pursuant to the applicable Response Notice (or the entire Claimed Amount, if such Response Notice asserts that no part of the Claimed Amount is owed to Indemnitee) is referred to herein as the “Contested Amount” (it being understood that the Contested Amount shall be modified from time to time to reflect any good faith modifications in accordance with this Agreement by Indemnitee to the Claimed Amount). If a Response Notice with respect to a Claim Notice is not received by Indemnitee prior to the expiration of the Dispute Period applicable to such Claim Notice, then Indemnitor shall be conclusively deemed to have agreed that an amount equal to the full Claimed Amount set forth in such Claim Notice is owed to Indemnitee.
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Claims and Responses. The claims and responses shall be filed as follows: Within thirty (30) days of the appointment of the panel or arbitrators, the Party and Parties making a claim shall submit a statement of their claim to the other Party or Parties and the panel of arbitrators. The receiving Party or Parties shall have thirty (30) days after being served with the statement of claims to submit an answer to the panel of arbitrators and the other Party or Parties. Both the Statement of claims and the answer shall concisely and with specificity state each Party's position and the basis for that position.
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Claims and Responses. November 5, 2015: PVB files a Notice of Claim with TIDCORP, received on November 6, 2015. – November 12, 2015: TIDCORP declines the claim, citing the Stay Order. – Despite multiple demands by PVB, TIDCORP maintains its refusal to honor the claim.
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Related to Claims and Responses

  • Claims and Review Procedures 6.1 For all claims other than Disability benefits:

  • Claims and Review Procedure In the event that any claim for benefits that must initially be submitted in writing to the Board of Directors, is denied (in whole or in part) hereunder, the claimant shall receive from First Charter a notice of denial in writing within 60 days, written in a manner calculated to be understood by the claimant, setting forth the specific reasons for denial, with specific reference to pertinent provisions of this Supplemental Agreement. Any disagreements about such interpretations and construction shall be submitted to an arbitrator subject to the rules and procedures established by the American Arbitration Association. The arbitrator shall be acceptable to both First Charter and the Executive (or Beneficiary); if the parties cannot agree on a single arbitrator, the disagreement shall be heard by a panel of three arbitrators, with each party to appoint one arbitrator and the third to be chosen by the other two. No member of the Board of Directors shall be liable to any person for any action taken under Article VIII except those actions undertaken with lack of good faith.

  • Claims and Suits (a) The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Bank with respect to which the Receiver has indemnified the Assuming Bank in the same manner and to the same extent as provided in Article XII, and (ii) defend or settle any claim or suit against the Assuming Bank with respect to any Liability Assumed, which claim or suit may result in a loss to the Receiver arising out of or related to this Agreement, or which existed against the Failed Bank on or before Bank Closing. The exercise by the Receiver of any rights under this Section 9.3(a) shall not release the Assuming Bank with respect to any of its obligations under this Agreement. (b) In the event any action at law or in equity shall be instituted by any Person against the Receiver and the Corporation as codefendants with respect to any asset of the Failed Bank retained or acquired pursuant to this Agreement by the Receiver, the Receiver agrees, at the request of the Corporation, to join with the Corporation in a petition to remove the action to the United States District Court for the proper district. The Receiver agrees to institute, with or without joinder of the Corporation as coplaintiff, any action with respect to any such retained or acquired asset or any matter connected therewith whenever notice requiring such action shall be given by the Corporation to the Receiver.

  • Claims Handling Unless it has been agreed that the Client will deal with claims directly with insurers, WTW will provide claims handling services for the period of its appointment. These services can be continued beyond that point by mutual agreement but will be subject to additional remuneration. WTW’s claims handling service includes, upon receiving the required information from the Client, the notification of the claim or circumstances to insurers. It will also involve the ongoing provision of information and arranging the collection and/or settlement of the claim in accordance with market practice and the terms and conditions of the policy. Unless agreed otherwise, WTW’s claims handling services do not include the services provided by WTW’s insurance claims advocates (see below). Where the complexities of cover or the technical nature of the subject matter cause difficulty in progressing a claim, WTW has a team of insurance claims advocates who are experienced in negotiating complex claims and managing the settlement process. WTW reserves the right to charge additional remuneration if the Client requests the services of these claims advocates. In relation to marine claims, and in line with long-standing practice of the marine insurance market, WTW may earn additional remuneration by way of claims collecting commission of up to 1% on all amounts WTW collects from insurers as consideration for additional support provided in the negotiation and settlement of a loss. WTW will not charge claims collecting commission where the Client agrees to pay for the services of WTW’s insurance claims advocates. Where WTW collects claims payments, these will be remitted to the Client as soon as possible. However, WTW will not remit claims monies to the Client before WTW has received them from insurers. Where WTW has been granted authority by insurers to settle claims on the Client’s insurance, for example under a binding authority, managing general agency or a lineslip agreement, WTW will do so within the terms and conditions of the authority granted and the Client’s contract. When exercising delegated authority, it is WTW’s policy to refer claims to insurers for settlement decision where WTW is not able to settle the claim on a 100% basis.

  • Claims and Litigation No pending or, to the Company's knowledge, threatened, claims, suits or other proceedings exist with respect to any Employee Benefit Plan other than normal benefit claims filed by participants or beneficiaries.