Rules and Procedures for the Sample Clauses

Rules and Procedures for the. Third Party Beneficiary Claim 3.4.4.1 Warning before bringing a claim. (i) Material Breach. Prior to bringing a Third Party Beneficiary Claim for a Material Breach, Third Party Beneficiary must (i) send a notice of Material bBreach to CI Plus TA Licensee specifying the action in breach by a such Licensee. If the identity of the Licensee is not known by Third Party Beneficiary, CI Plus TA shall assist Third Party Beneficiary in indentifying such Licensee. (a) If it is the first time a Licensee has committed a Material Breach or if Licensee has committed multiple breaches, Third Party Beneficiary shall provide notice to Licensee of the Material Breach and an opportunity to cure such Material Breach within fifteen (15) calendarbusiness days of receipt of such notice. In the event the Material Breach cannot be cured within fifteen (15) calendarbusiness days, Licensee shall notify Third Party Beneficiary of such fact within five (5) calendarbusiness days of its receipt of notice of Material Breach and shall diligently and in good faith take action to cure such Material Breach as soon as practicable and, in any event, shall cure such Material Breach within thirty (30) calendarbusiness days of receipt of notice of Material Breach. If Licensee fails to cure the Material Breach within the applicable time period, Third Party Beneficiary may bring a Third Party Beneficiary Claim against Licensee. If Licensee cures the Material Breach within the applicable time period, Third Party Beneficiary may bring a Third Party Beneficiary Claim solely for damages suffered during the cure period and only if Third Party Beneficiary is a Qualified Operator or Qualified Content OwnerProvider. (b) If the Material Breach is a repetition of Material Breach which a Licensee has committed previously, it is not the first time a Licensee has committed a Material Breach, Third Party Beneficiary has the option of either (1) providing notice to Licensee and opportunity to cure pursuant to subsection (a) above or (2) immediately bringing a Third Party Beneficiary Claim against Licensee without providing notice to the Licensee., (ii) [Non-Material Breach. Prior to bringing a Third Party Beneficiary Claim for any other breach, Third Party Beneficiary must send a notice of breach to CI Plus TA specifying the action in breach by a Licensee. If the identity of the Licensee is not known by Third Party Beneficiary, CI Plus TA shall assist Third Party Beneficiary in indentifying such Licensee. Once id...
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Rules and Procedures for the. Third Party Beneficiary Claim 3.4.4.1 Warning before bringing a claim. Prior to bringing Third Party Beneficiary Claim, Third Party Beneficiary must (i) send a notice of breach to Licensee specifying the action in breach by such Licensee, with a copy to CI Plus TA, which shall trigger the cure period of thirty (30) calendar days, or longer period as determined by Third Party Beneficiary, from the day Licensee received such notice, or (ii) in those situations where that the Licensee has engaged on in a pattern of behaviour involving Material Breach, send notice to CI Plus TA that Third Party Beneficiary is bringing such Third Party Beneficiary Claim. CI Plus TA shall consult with Licensee on such notice, and if such Third Party Beneficiary Claim cannot be brought according to this Agreement, will notify Third Party Beneficiary.
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Rules and Procedures for the. Third Party Beneficiary Claim 3.4.4.1 Warning before bringing a claim. Prior to bringing a Third Party Beneficiary Claim for a Material Breach, Third Party Beneficiary must send a notice of Material Breach to CI Plus TA specifying the breach by a Licensee. CI Plus TA shall assist Third Party Beneficiary in identifying such Licensee. (a) If a Licensee has committed a Material Breach, Third Party Beneficiary shall provide notice to Licensee of Material Breach and a reasonable opportunity to cure such Material Breach no later than 30 (thirty) Business Days after receipt of such notice or longer period as reasonably determined by Third Party Beneficiary. If Licensee fails to acknowledge receipt of the notice of breach within five (5) Business Days or fails to cure such breach within thirty (30) Business Days after receipt of the notice of breach, Third Party Beneficiary may file a Third Party Beneficiary Claim against Licensee for damages. (b) Notwithstanding (a) above, if a Licensee has engaged in a pattern of repeated Material Breach, Third Party Beneficiary may choose to immediately bring a Third Party Beneficiary Claim against Licensees without providing notice to the Licensee.
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Related to Rules and Procedures for the

  • Rules and Procedures The Benefit Society By-Laws will be amended to provide for a 6th Director with three Directors appointed by the Unions and three Directors appointed by the Corporation.

  • Notice and Procedures If any suit, action, proceeding (including any governmental or regulatory investigation), claim or demand shall be brought or asserted against any person in respect of which indemnification may be sought pursuant to either paragraph (a) or (b) above, such person (the “Indemnified Person”) shall promptly notify the person against whom such indemnification may be sought (the “Indemnifying Person”) in writing; provided that the failure to notify the Indemnifying Person shall not relieve it from any liability that it may have under paragraph (a) or (b) above except to the extent that it has been materially prejudiced (through the forfeiture of substantive rights or defenses) by such failure; and provided, further, that the failure to notify the Indemnifying Person shall not relieve it from any liability that it may have to an Indemnified Person otherwise than under paragraph (a) or (b) above. If any such proceeding shall be brought or asserted against an Indemnified Person and it shall have notified the Indemnifying Person thereof, the Indemnifying Person shall retain counsel reasonably satisfactory to the Indemnified Person (who shall not, without the consent of the Indemnified Person, be counsel to the Indemnifying Person) to represent the Indemnified Person in such proceeding and shall pay the fees and expenses of such counsel related to such proceeding, as incurred. In any such proceeding, any Indemnified Person shall have the right to retain its own counsel, but the fees and expenses of such counsel shall be at the expense of such Indemnified Person unless (i) the Indemnifying Person and the Indemnified Person shall have mutually agreed to the contrary; (ii) the Indemnifying Person has failed within a reasonable time to retain counsel reasonably satisfactory to the Indemnified Person; (iii) the Indemnified Person shall have reasonably concluded that there may be legal defenses available to it that are different from or in addition to those available to the Indemnifying Person; or (iv) the named parties in any such proceeding (including any impleaded parties) include both the Indemnifying Person and the Indemnified Person and representation of both parties by the same counsel would be inappropriate due to actual or potential differing interest between them. It is understood and agreed that the Indemnifying Person shall not, in connection with any proceeding or related proceedings in the same jurisdiction, be liable for the fees and expenses of more than one separate firm (in addition to any local counsel) for all Indemnified Persons, and that all such fees and expenses shall be paid or reimbursed as they are incurred. Any such separate firm for any Underwriter, its affiliates, directors and officers and any control persons of such Underwriter shall be designated in writing by the Representatives and any such separate firm for the Company, its directors, its officers who signed the Registration Statement and any control persons of the Company shall be designated in writing by the Company. The Indemnifying Person shall not be liable for any settlement of any proceeding effected without its written consent, but if settled with such consent or if there be a final judgment for the plaintiff, the Indemnifying Person agrees to indemnify each Indemnified Person from and against any loss or liability by reason of such settlement or judgment. Notwithstanding the foregoing sentence, if at any time an Indemnified Person shall have requested that an Indemnifying Person reimburse the Indemnified Person for fees and expenses of counsel as contemplated by this paragraph, the Indemnifying Person shall be liable for any settlement of any proceeding effected without its written consent if (i) such settlement is entered into more than 30 days after receipt by the Indemnifying Person of such request and (ii) the Indemnifying Person shall not have reimbursed the Indemnified Person in accordance with such request prior to the date of such settlement. No Indemnifying Person shall, without the written consent of the Indemnified Person, effect any settlement of any pending or threatened proceeding in respect of which any Indemnified Person is or could have been a party and indemnification could have been sought hereunder by such Indemnified Person, unless such settlement (x) includes an unconditional release of such Indemnified Person, in form and substance reasonably satisfactory to such Indemnified Person, from all liability on claims that are the subject matter of such proceeding and (y) does not include any statement as to or any admission of fault, culpability or a failure to act by or on behalf of any Indemnified Person.

  • Policy and Procedures If the resident leaves the facility due to hospitalization or a therapeutic leave, the facility shall not be obligated to hold the resident’s bed available until his or her return, unless prior arrangements have been made for a bed hold pursuant to the facility’s “Bed Reservation Policy and Procedure” and pursuant to applicable law. In the absence of a bed hold, the resident is not guaranteed readmission unless the resident is eligible for Medicaid and requires the services provided by the facility. However, the resident may be placed in any appropriate bed in a semi-private room in the facility at the time of his or her return from hospitalization or therapeutic leave provided a bed is available and the resident’s admission is appropriate and meets the readmission requirements of the facility.

  • COMPLIANCE WITH POLICIES AND PROCEDURES During the period that Executive is employed with the Company hereunder, Executive shall adhere to the policies and standards of professionalism set forth in the Company’s Policies and Procedures as they may exist from time to time.

  • Rules and Policies In addition to the terms and conditions contained herein, players acknowledge and agree that players shall be bound by and comply with all rules, regulations and policies established by SGM. SGM reserves the right in its sole and absolute discretion to amend,