Disclaiming Party definition

Disclaiming Party has the meaning set forth in Section 5.2.3(c).
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Disclaiming Party has the meaning set forth in Section 7.
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Examples of Disclaiming Party in a sentence

  • The foregoing limitation of liability shall apply whether a claim is based on breach of contract, tort (including negligence, strict liability and negligent misrepresentation), restitution, breach of statutory duty, breach of warranty or otherwise and without regard to whether the claim is brought directly or as a third-party claim, unless the Disclaiming Party has been finally adjudicated by a court of competent jurisdiction to have engaged in fraud, gross negligence or willful misconduct.

  • The foregoing limitation of liability shall apply whether a claim is based on breach of contract, tort (including negligence, strict liability and negligent misrepresentation), restitution, breach of statutory duty, breach of warranty or otherwise and without regard to whether the claim is brought directly or as a third- party claim, unless the Disclaiming Party has been finally adjudicated by a court of competent jurisdiction to have engaged in fraud, gross negligence or willful misconduct.

  • In such event, the Disclaiming Party will permit the other Party, at its sole discretion and expense, to file or to continue prosecution or maintenance of such Patent Rights.

  • Any such claim against a Disclaiming Party shall be brought within two (2) years from the time that a cause of action has accrued.

  • The foregoing limitation of liability shall apply whether a claim is based on breach of contract, tort (including negligence, strict liability and negligent misrepresentation), restitution, breach of statutory duty, breach of warranty or otherwise and without regard to whether the claim is brought directly or as a third-party claim, unless the Disclaiming Party has been finally adjudicated by a court of competent jurisdiction to have engaged in fraud, gross negligence or WILLFUL MISCONDUCT.

  • If the other Party does not assume responsibility for the continued prosecution and/or maintenance within [**] days after the Discontinuation Notice, the Disclaiming Party will have no further responsibility with respect to the prosecution or maintenance of the relevant Patent Applications or Patents.

Related to Disclaiming Party

  • Claiming Party has the meaning set forth in Section 5.02.

  • Indemnifying Party shall have the meaning set forth in Section 5(c).

  • Contributing Party has the meaning assigned to such term in Section 5.02.

  • Independent Third Party means any Person who, immediately prior to a contemplated transaction, does not own in excess of 5% of the Company’s Common Units on a fully-diluted basis (a “5% Owner”), who is not controlling, controlled by or under common control with any such 5% Owner and who is not the spouse or descendant (by birth or adoption) of any such 5% Owner or a trust for the benefit of such 5% Owner and/or such other Persons.

  • Indemnifying Party Information [(A)] All information in the Prospectus Supplement, the Offering Circular or any Free Writing Prospectus or any amendment or supplement thereto (i) contained under the headings "Summary--Relevant Parties--Responsible Party [and Servicer,"] "The Mortgage Loan Pool--Underwriting Guidelines" [and "The Servicer"] and (ii) regarding the Mortgage Loans, the related mortgagors and/or the related Mortgaged Properties (but in the case of this clause (ii), only to the extent any untrue statement or omission arose from or is based upon errors or omissions in the information concerning the Mortgage Loans, the related mortgagors and/or the related Mortgaged Properties, as applicable, provided to the Depositor or any affiliate by or on behalf of the Indemnifying Party) [and (B) static pool information regarding mortgage loans originated or acquired by the Seller [and included in the Prospectus Supplement, the Offering Circular, the ABS Informational and Computational Materials or the Free Writing Prospectus or any amendment or supplement thereto][incorporated by reference from the website located at ___________]].

  • Tax Indemnifying Party shall have the meaning set forth in Section 7.6(d).

  • Purchaser Indemnified Party shall have the meaning set forth in Section 9.1(a).

  • Buyer Indemnified Party has the meaning set forth in Section 8.2.

  • Seller Indemnified Party has the meaning set forth in Section 7.2.

  • Licensee Indemnitees has the meaning set forth in Section 11.2.

  • injured party means any person entitled to claim compensation in respect of any loss or injury caused by a vehicle;

  • Tax Indemnified Party shall have the meaning set forth in Section 7.6(d).

  • Indemnified Party shall have the meaning set forth in Section 5(c).

  • Purchaser Indemnitees has the meaning set forth in Section 7.2.

  • Licensor Indemnitees has the meaning set forth in Section 9.1.

  • Indemnified Party’s Group means the Seller Group (with respect to a Seller Indemnified Party) or the Purchaser Group (with respect to a Purchaser Indemnified Party).

  • Independent Party means, with respect to a BDC Downstream Fund, (i) if the BDC Downstream Fund has a board of directors (or the equivalent), the board or (ii) if the BDC Downstream Fund does not have a board of directors (or the equivalent), a transaction committee or advisory committee of the BDC Downstream Fund.

  • Defending Party has the meaning set forth in Section 14.2.3.

  • Third party claimant means any individual, corporation, association, partnership, or other legal entity asserting a claim against any individual, corporation, association, partnership, or other legal entity insured under an insurance policy or insurance contract.

  • Purchaser Indemnified Person is defined in Section 5.1 of the Sale Agreement.

  • Manager Indemnified Party has the meaning set forth in Section 8(a) hereof.

  • Exculpated Party means, collectively, and in each case in its capacity as such: (a) the Debtors;

  • D&O Indemnified Party has the meaning set forth in Section 5.8(a).

  • Investor Indemnified Party is defined in Section 4.1.

  • Indemnitor has the meaning set forth in Section 12.3.

  • Relying Party means an individual or entity that acts in reliance on a Certificate or digital signature associated with a Certificate.

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