Duplicative Claims Clause Samples

Duplicative Claims. In the event any Claims Package for Cheniere/CL-131 Losses or Other Losses is a Duplicative Claim (whether under this Program or the GMB Program), the Claims Administrator shall suspend further consideration of any such Person’s claims under this Agreement or the GMB Settlement Agreement until such time as the matter has been resolved in accordance with the terms of Section 2.17 above, except as provided in Section 4.1.2.
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Duplicative Claims. For each Enrolled Claimant, the Claims Administrator must determine a Total Claimant Field Loss Payment by totaling all Field Loss Payments for such Claimant.
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Duplicative Claims. If the Claimant is a corporate entity, or anyone else is signing on a Claimant’s behalf, the Person signing on the Claimant’s behalf must be authorized to bind the Claimant.
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Duplicative Claims. (a) Upon reasonable request by the LBI Trustee, LBIE shall (and shall cause its Representatives to) cooperate with and support the LBI Trustee in opposing (in whole or in part, as determined by the LBI Trustee), and effecting the expungement and disallowance of (and the overruling of any objections thereto), the Duplicative Claims, such cooperation and support (in addition to the obligations of Article XXII) to include, subject to LBIE’s reasonable discretion, (i) providing evidence of and information relating to the customer relationship between LBIE and the Persons asserting Duplicative Claims, based on the books and records of LBIE and other information within the possession, custody or control of LBIE or the Joint Administrators, and, if requested by the LBI Trustee or the Bankruptcy Court (and to the extent practicable), providing evidence as to LBIE’s intent and plan with respect to the distribution of the Underlying Customer Distribution Proceeds, and (ii) filing a brief (or filing or otherwise providing other written and oral submissions) in the Bankruptcy Court (and in any other courts to which this issue is presented) in support (or signing onto a brief by the LBI Trustee in support) of the Expungement Order and asserting and testifying as to the Underlying Customer relationships with LBIE, and LBIE’s intent and plan with respect to the distribution of the Underlying Customer Distribution Proceeds; provided that nothing in this Section 2.05(a) shall require LBIE, in supporting the expungement and disallowance of the Duplicative Claims, to make any specific assertion of fact to any court or to make any specific legal argument to any court. (b) Without prejudice to Section 2.03(a) and for the avoidance of doubt, the status and quantum of any of the Claims against LBIE of a Person asserting a Duplicative Claim is a matter to be determined as between LBIE and such Person and is in no way being determined, affected or consented to in or in connection with this Agreement, provided that (i) nothing in this Section 2.05(b) qualifies or limits LBIE’s obligations in Sections 2.05(a) or 2.05(c), (ii) nothing in this Agreement is intended to, or shall in any way, negate, amend, expunge, alter or otherwise affect the rights of (x) LBIE against any Person asserting a Duplicative Claim, or (y) any Person asserting a Duplicative Claim against LBIE in a forum permitted under the Approval Order, and (iii) nothing in this Agreement is intended to, or shall, create ...
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Duplicative Claims. The Parties agree that all claims asserted in proofs of claim filed by the CAISO and the PX as of the Settlement Effective Date against any Mirant Party or other Debtor in the Bankruptcy Proceedings shall be deemed to be duplicative of the claims released in this Agreement except (i) as such claims relate specifically to services (including the PX wind-up activities such as those at issue in FERC Docket No. ER02-2234) provided by the CAISO or the PX to a Mirant Party for which the CAISO or the PX is entitled to receive a payment for its own account and to cover its own costs and expenses, as specified in the FERC-approved tariff of the CAISO or the PX, and which remain unpaid, (ii) as specified in Exhibit A, or (iii) to the extent that such claim is found to be for the benefit of a Non-Settling Participant.
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Duplicative Claims. For each Eligible Field, the Claims Administrator must determine whether any Duplicative Claims exist based on all available information, and if so account for this in calculating the Field Loss Payment for the Eligible Field as set forth herein. a) If multiple Enrolled Claimants submit a Process Claim claiming Dicamba Injury for the same Eligible Field, then the Process Claims are overlapping as to such Eligible Fields. If the sum of the Crop Share for the overlapping Eligible Field exceeds one hundred percent (100%), then the Process Claims for the Eligible Field are Duplicative Claims. For example, Duplicative Claims could involve one or more of the following, non- exclusive scenarios: i) more than one Enrolled Claimant on the same Eligible Field, as to all of whom a landlord had qualified as an Affiliated Claimant, thereby over-counting the landlord’s Interest and producing a Crop Share above one hundred percent (100%);
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Related to Duplicative Claims

  • Derivative Claims No Shareholder shall have the right to bring or maintain any court action, proceeding or claim on behalf of the Trust or any series or class of Shares without first making demand on the Trustees requesting the Trustees to bring or maintain such action, proceeding or claim. Such demand shall not be excused under any circumstances, including claims of alleged interest on the part of the Trustees, unless the plaintiff makes a specific showing that irreparable nonmonetary injury to the Trust or series or class of Shares would otherwise result. Such demand shall be mailed to the Secretary of the Trust at the Trust's principal office and shall set forth with particularity the nature of the proposed court action, proceeding or claim and the essential facts relied upon by the Shareholder to support the allegations made in the demand. The Trustees shall consider such demand within 45 days of its receipt by the Trust. In their sole discretion, the Trustees may submit the matter to a vote of Shareholders of the Trust or a series or class of Shares, as appropriate. Any decision by the Trustees to bring, maintain or settle (or not to bring, maintain or settle) such court action, proceeding or claim, or to submit the matter to a vote of Shareholders, shall be binding upon the Shareholders. Any decision by the Trustees to bring or maintain a court action, proceeding or suit on behalf of the Trust or a series or class of Shares shall be subject to the right of the Shareholders under Article V hereof to vote on whether or not such court action, proceeding or suit should or should not be brought or maintained.

  • Tax Claims Notwithstanding any other provision of this Agreement, the control of any claim, assertion, event or proceeding in respect of Taxes of the Company (including, but not limited to, any such claim in respect of a breach of the representations and warranties in Section 3.22 hereof or any breach or violation of or failure to fully perform any covenant, agreement, undertaking or obligation in Article VI) shall be governed exclusively by Article VI hereof.

  • Contested Claims In the event that the Indemnifying Party disputes the Claimed Amount, as soon as practicable but in no event later than ten (10) days after the receipt of the notice referenced in Section 10.2(b)(ii) hereof, the Parties will begin the process to resolve the matter in accordance with the dispute resolution provisions of Section 1.4 hereof. Upon ultimate resolution thereof, the Parties will take such actions as are reasonably necessary to comply with such agreement or instructions.

  • Compensation Claims (a) The Employer agrees to cooperate toward the prompt disposition of employee on-the-job injury claims. The Employer shall provide worker’s compensation protection for all employees even though not required by state law, or the equivalent thereof, if the injury arose out of or in the course of employment. No employee will be disciplined or threatened with discipline as a result of filing an on-the-job injury report. The Employer or its designee shall not visit an injured worker at his/her home, at a hospital or any location outside the employee’s home terminal without his/her consent. (b) At the time an injury report is turned in, the Employer shall provide the injured employee with an information sheet briefly outlining the procedure for submitting a worker’s compensation claim to include the name, address and phone number of the company’s worker’s compensation representative and other pertinent information relative to claim payment. (c) An employee who is injured on the job, and is sent home, or to a hospital, or who must obtain medical attention, shall receive pay at the applicable hourly rate for the balance of his/her regular shift on that day. An employee who has returned to his/her regular duties after sustaining a compensable injury who is required by the worker’s compensation doctor to receive additional medical treatment during his/her regularly scheduled working hours shall receive his/her regular hourly rate of pay for such time. Where not prohibited by state law, employees who sustain occupational injury or illness shall be allowed to select a physician of their own choice and shall notify the Employer in writing of such physician. (d) Road drivers sustaining an injury while being transported in company-provided transportation for Company purposes at a layover terminal shall be considered as having been injured on the job. (e) In the event that an employee sustains an occupational illness or injury while on a run away from his/her home terminal, the Employer shall provide transportation by bus, train, plane, or automobile to his/her home terminal if and when directed by a doctor. (f) The Employer agrees to provide any employee injured locally transportation at the time of injury, from the job to the medical facility and return to the job, or to his/her home if required. (g) In the event of a fatality arising in the course of employment, while away from the home terminal, the Employer shall return the deceased to his/her home at the point of domicile. (h) The Employer may publish reasonable safety rules and procedures and provide the Local Union with a copy. Failure to observe such reasonable rules and/or procedures shall subject the employee to disciplinary action in accordance with the disciplinary procedures in the applicable Supplemental Agreement. However, the time limitation relative to prior offenses shall be waived to permit consideration of the employee’s entire record of failure to observe reasonable safety rules and/or procedures resulting in lost time personal injuries. This provision does not apply to vehicular accidents. When issuing progressive discipline under the terms and conditions of Article 14 Section 1(h), it is understood that the time limitation relative to prior offenses of failure to observe reasonable safety rules and/or procedures resulting in lost time injuries is waived and may be included in the disciplinary process. However it is also understood that when an the employer Employer issues progressive discipline, the employer shall not utilize prior discipline that is in excess of three (3) years old when issuing additional progressive discipline, unless the employee has shown a pattern of failure to observe reasonable safety rules and/or procedures resulting in lost time injuries.

  • Disputed Claims 4.1 Notwithstanding paragraph 4.5 of this Schedule, payment by the Authority of all or any part of any invoice rendered or other claim for payment by the Contractor shall not signify approval of such invoice/claim. The Authority reserves the right to verify invoices/claims after the date of payment and subsequently to recover any sums which have been overpaid. 4.2 If any part of a claim rendered by the Contractor is disputed or subject to question by the Authority either before or after payment then the Authority may call for the Contractor to provide such further documentary and oral evidence as it may reasonably require to verify its liability to pay the amount which is disputed or subject to question and the Contractor shall promptly provide such evidence in a form satisfactory to the Authority. 4.3 If any part of a claim rendered by the Contractor is disputed or subject to question by the Authority, the Authority shall not withhold payment of the remainder. 4.4 If any invoice rendered by the Contractor is paid but any part of it is disputed or subject to question by the Authority and such part is subsequently agreed or determined not to have been properly payable then the Contractor shall forthwith repay such part to the Authority. 4.5 The Authority shall be entitled to deduct from sums due to the Contractor by way of set-off any amounts owed to it or which are in dispute or subject to question either in respect of the invoice for which payment is being made or any previous invoice.