Specific Claims Sample Clauses

Specific Claims. Notwithstanding any other provision of this Agreement, nothing in this Agreement precludes Yale First Nation from pursuing claims in accordance with Canada’s Specific Claims Policy.

Specific Claims. Notwithstanding any other provision of the Final Agreement, nothing in the Final Agreement will preclude Kitselas from pursuing any claims that fall within the scope of Canada’s Specific Claims Policy, in accordance with that policy, the Specific Claims Tribunal Act, or in court.

Specific Claims. The only Warranties which shall apply in relation to: (a) property matters shall be those set out in Part VIII of Schedule 2; (b) Environmental Matters shall be those set out in Part IX of Schedule 2; (c) intellectual property matters and Intellectual Property Rights shall be those set out in paragraph 9 of Part VI of Schedule 2; (d) information technology systems matters shall be those set out in paragraph 11 of Part VI of Schedule 2; (e) employment matters shall be those in Part XI of Schedule 2; (f) pensions matters shall be those set out in Part XII of Schedule 2; and (g) Tax shall be the Tax Warranties set out in Part XIII of Schedule 2.

Specific Claims. 2.6.1 For greater certainty, nothing in the Final Agreement will affect the right of the Algonquins of Pikwàkanagàn First Nation to bring an action in court or file a claim under the Specific Claims Policy arising from any act or omission of Canada in relation to the administration of Pikwàkanagàn Indian Reserve No. 163 or Indian moneys or other assets of the First Nation under the Indian Act.

Specific Claims. The following documentation must be submitted to CBP in order for a drawback claim to be processed under this subpart. Missing documentation or incorrect or incomplete information on required customs forms or supporting documentation will result in an incomplete drawback claim. (i) Manufacturing drawback claim. The following must be submitted in connection with a claim for direct identification manufacturing drawback or substitution manufacturing drawback: (A) A manufacturing drawback ruling number; (B) CBP Form 7501, or its electronic equivalent, or the import entry number; (C) Evidence of exportation and satisfactory evidence of the payment of duties in Canada or Mexico. Satisfactory evidence must include the Canadian or Mexican customs entry number and the amount of duty paid to Canada or Mexico; (D) Waiver of right to drawback. If the person exporting to Canada or Mexico was not the importer or the manufacturer, written waivers executed by the importer or manufacturer and by any intervening person to whom the good was transferred must be submitted in order for the claim to be considered complete; and (E) An affidavit of the party claiming drawback stating that no other drawback claim has been made on the designated goods, that such party has not provided an exporter’s certification of origin pertaining to the exported goods to another party except as stated on the drawback claim, and that the party agrees to notify CBP if the party subsequently provides such an exporter’s certification of origin to any person. (ii) Unused merchandise drawback claim under 19 U.S.C. 1313(j)(1). The following must be submitted in connection with a drawback claim covering a good eligible for unused merchandise drawback under 19 U.S.C. 1313(j)(1): (A) The foreign entry number and date of entry, the HTSUS classification for the foreign entry, the amount of duties paid for the foreign entry and the applicable exchange rate. For goods in the same condition, a certification from the claimant that provides as follows: ‘‘Same condition—The undersigned certifies that the merchandise herein described is in the same condition as when it was imported under the import entry(s) and further certifies that this merchandise was not subjected to any process of manufacture or other operation except the allowable operations as provided for by regulation.’’; (B) Information sufficient to trace the movement of the imported goods after importation; (C) In-bond application submitted pursuant to ...

Specific Claims. It is expressly agreed that the Price has been determined on the basis that (with the sole exception of the Agfa Group repurchase obligations referred to above and the pension obligations referred to in Section 4.2(d)) no obligations or liabilities in connection with the Activities and relating to the period prior to Closing will be assumed by Xeikon or a Transferee Entity. Accordingly, Agfa will fully reimburse Xeikon (or any Transferee Entity) for all Damages incurred by Xeikon (or any Transferee Entity) pursuant to any Claim not provided for on the Opening Balance Sheet and that is made in connection with: (i) any obligations or liabilities that are incumbent on, or are assumed by, Xeikon subsequent to the Closing Date, to the extent such obligations or liabilities relate to any consideration that has been received or invoiced by any company of the Agfa Group prior to the Closing Date (including but not limited to rebates payable under the Agfa Chromapress 2000 Toner Rebate Program); and (ii) any liabilities, claims, damages and expenses that are incurred by Xeikon or any Transferee Entity in connection with the Activities as transferred and relating to any periods prior to Closing, except to the extent that such liabilities, losses, claims, costs, damages or expenses are attributable to any breach of a representation, warranty or covenant undertaken by Xeikon under this Agreement. For the avoidance of doubt, such liabilities shall not include liabilities relating to the period subsequent to Closing (a) in connection with the Xeikon Transferred DPS Employees, and (b) in connection with any contract that is transferred, including service and warranty obligations (notwithstanding the assumption of repurchase obligations mentioned above). Agfa shall effect such reimbursements upon first demand to an account designated for that purpose by Xeikon (or any Transferee Entity). Without prejudice to any liabilities that might arise under Sections 9 and 10 hereof, Xeikon shall indemnify and hold harmless Agfa against any liabilities, losses, claims, costs, damages or expenses that are incurred by Agfa or any Sales Organization Company in connection with the Activities as acquired from Agfa and that relate to any periods following Closing, except to the extent that such liabilities, losses, claims, costs, damages or expenses are attributable to any breach of a representation, warranty or covenant undertaken by the Seller under this Agreement, or to the extent that ...

Specific Claims. A Party shall not file or allow any of its Affiliates to file, and Axys shall not allow any General Screening Party or Third Party Corporate Partner to file, any patent applications that [*], provided that a Party shall have the right to [*], and Axys shall have the right to allow any General Screening Party or Third Party Corporate Partner to [*] and Axys shall have the right to [*]. RPR shall have the right to [*]. For clarity, this Section 5.2(a) prohibits RPR from filing a patent application that [*] and permits RPR to file a patent application that [*].

Specific Claims. The following documentation, for the drawback claims specified below, must be submitted to CBP in order for a drawback claim to be processed under this subpart. Missing documentation or incorrect or incomplete information on required customs forms or supporting documentation will result in an incomplete drawback claim.

Specific Claims. The Seller agrees that it will at the Closing assume from the Company or the appropriate Subsidiary the specific Third Party Claims and the potential claims referred to in Section 8.11 of the Disclosure Schedule (the "Retained Claims") and will, at its own expense and through counsel chosen by the Seller, have complete control of the defense of the Retained Claims. The Buyer agrees to cause the Company and the Subsidiaries to cooperate with the Seller in such defense and shall use reasonable efforts to make available to the Seller, at the Seller's expense, all witnesses, pertinent records, materials and information in their possession, or under their control, following the Closing relating thereto as may be reasonably required by the Seller. In addition, the Seller agrees to indemnify, defend and hold the Buyer, the Company and the Subsidiaries and their respective successors and assigns harmless, without regard to any of the limitations imposed by the second sentence of Section 8.2 hereof, from and against and in respect of Buyer Losses arising out of or resulting from or relating to the Retained Claims.