Common use of Uncontested Claims Clause in Contracts

Uncontested Claims. In the event that, within twenty (20) calendar ------------------ days after a Notice of Claim is received by ▇▇▇▇▇, ▇▇▇▇▇ does not contest such Notice of Claim in writing to Sub ("Uncontested Claim"), ▇▇▇▇▇ will be conclusively deemed to have consented, on behalf of himself, Trustee and Unitholder, to the recovery by the DoveBid Indemnitee of the full amount of Damages specified in the Notice of Claim in accordance with this Article VIII, including the recovery of any such amount from the Holdback Amount, or as provided in Section 1.8 the set off of any such amount against amounts owed by Sub to Trustee pursuant to the Convertible Subordinated Note or otherwise, and, without further notice, to have stipulated to the entry of a final judgment for damages against Trustee and Principals for such amount in any court having jurisdiction over the matter where venue is proper.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Dovebid Inc), Asset Purchase Agreement (Dovebid Inc)

Uncontested Claims. In the event that, within twenty (20) ------------------ calendar ------------------ days after a Notice of Claim is received by ▇▇▇▇▇the Representative, ▇▇▇▇▇ the Representative does not contest such Notice of Claim in writing to Sub DoveBid (an "Uncontested Claim"), ▇▇▇▇▇ the Representative will be conclusively deemed to have consented, on behalf of himself, Trustee and Unitholderall Shareholders, to the recovery by the DoveBid Indemnitee of the full amount of Damages specified in the Notice of Claim in accordance with this Article VIII, including the recovery of any such amount from the Holdback Amount, or as provided in Section 1.8 the set off offset of any such amount against amounts owed by Sub DoveBid to Trustee the Shareholders pursuant to the Convertible Subordinated Note Promissory Notes, the Promissory Notes or otherwise, and, without further notice, to have stipulated to the entry of a final judgment for damages against Trustee and Principals the Shareholders for such amount in any court having jurisdiction over the matter where venue is proper.

Appears in 2 contracts

Sources: Stock Purchase Agreement (Dovebid Inc), Stock Purchase Agreement (Dovebid Inc)