Claims and Suits Sample Clauses
The "Claims and Suits" clause defines the procedures and responsibilities of the parties in the event that a claim or lawsuit arises related to the contract or its subject matter. Typically, this clause outlines how parties must notify each other of any legal claims, the process for handling or defending against such claims, and may specify who is responsible for legal costs or settlements. For example, it might require prompt written notice of any lawsuit or demand, and set out whether one party must indemnify the other. The core function of this clause is to ensure that both parties are aware of potential legal issues early and to allocate responsibility for managing and resolving disputes, thereby reducing uncertainty and potential conflict.
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Claims and Suits. (a) The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Bank with respect to which the Receiver has indemnified the Assuming Bank in the same manner and to the same extent as provided in Article XII, and (ii) defend or settle any claim or suit against the Assuming Bank with respect to any Liability Assumed, which claim or suit may result in a loss to the Receiver arising out of or related to this Agreement, or which existed against the Failed Bank on or before Bank Closing. The exercise by the Receiver of any rights under this Section 9.3(a) shall not release the Assuming Bank with respect to any of its obligations under this Agreement.
(b) In the event any action at law or in equity shall be instituted by any Person against the Receiver and the Corporation as codefendants with respect to any asset of the Failed Bank retained or acquired pursuant to this Agreement by the Receiver, the Receiver agrees, at the request of the Corporation, to join with the Corporation in a petition to remove the action to the United States District Court for the proper district. The Receiver agrees to institute, with or without joinder of the Corporation as coplaintiff, any action with respect to any such retained or acquired asset or any matter connected therewith whenever notice requiring such action shall be given by the Corporation to the Receiver.
Claims and Suits. (a) The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Institution with respect to which the Receiver has indemnified the Assuming Institution in the same manner and to the same extent as provided in Article XII, and
Claims and Suits. (a) The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Bank with respect to which the Receiver has indemnified the Assuming Bank in the same manner and to the same extent as provided in Article XII, and (ii) defend or settle any claim or suit against the Assuming Bank with respect to any Liability Assumed, which claim or suit may result in a loss to the Receiver arising out of or related to this Whole Bank P&A w/Loss Sharing COUNTY BANK 6 February 2009 MERCED, CA Agreement, or which existed against the Failed Bank on or before Bank Closing. The exercise by the Receiver of any rights under this Section 9.3(a) shall not release the Assuming Bank with respect to any of its obligations under this Agreement.
(b) In the event any action at law or in equity shall be instituted by any Person against the Receiver and the Corporation as codefendants with respect to any asset of the Failed Bank retained or acquired pursuant to this Agreement by the Receiver, the Receiver agrees, at the request of the Corporation, to join with the Corporation in a petition to remove the action to the United States District Court for the proper district. The Receiver agrees to institute, with or without joinder of the Corporation as coplaintiff, any action with respect to any such retained or acquired asset or any matter connected therewith whenever notice requiring such action shall be given by the Corporation to the Receiver.
Claims and Suits. Has your organization ever failed to complete any work awarded to it? Yes No
Claims and Suits. For the following questions, the term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation.
13.1 In the past three years, has your firm or any of its owners, partners, officers or employees been a defendant in court on a matter related to:
13.1.1 The performance, non-performance, default, or breach of a contract or agreement? □ Yes □ No
13.1.2 A vehicle collision or other accident involving your firm’s tow truck operator? □ Yes □ No
13.1.3 Bodily injury or personal injury (▇▇▇▇▇, slander, false imprisonment) to a customer? □ Yes □ No
13.1.4 Employment-related litigation brought by an employee of your firm? □ Yes □ No
Claims and Suits. Seller has not entered into any agreement with reference to the Property, and neither Seller nor the Property are subject to any claim, demand, suit, unfiled lien, proceeding or litigation of any kind, pending or outstanding, or to the knowledge of Seller, threatened or likely to be made or instituted which would in any way be binding upon Buyer or its successors or assigns or affect or limit buyer's full use and enjoyment of the Property or which would limit or restrict in any way Seller's right or ability to enter into this contract and consummate the sale and purchase contemplated hereby.
Claims and Suits. Manager shall be advised by CRDA (and CRDA shall continually keep Manager apprised) of CRDA’s procedures and requirements in respect to handling, defense and settlement of third party claims filed with and lawsuits filed against CRDA with respect to the Civic Center, including in connection with Facility Operations. Manager agrees to implement and comply with such procedures and requirements as it has been advised of by CRDA and applicable claim and settlement requirements of policies of insurance provided pursuant to Article XIV. In the event that Manager is also named as a defendant, the Parties agree to discuss and cooperate in the defense of such matter, subject to applicable conflict of interest and insurance requirements. All settlements to which CRDA is a party or which otherwise constitute Operating Expenses (except monetary settlements within the applicable policy limits recommended by the insurance carrier, deductibles and self-insured retentions) shall be subject to the approval of CRDA. Both Parties agree that they will immediately notify the other party in writing of any third party claim, threatened litigation or lawsuit filed which relates to the Civic Center or Facility Operations. Nothing in this Section 6.08 authorizes Manager to accept service of process on behalf of CRDA or the State or to consent to jurisdiction or suit in connection with any such third party claims or lawsuits.
Claims and Suits. Has your organization ever failed to complete any work awarded to it? If yes, explain: Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years? If yes, explain:
Claims and Suits. 33 9.4 Payment of Deposits .............................................. 34 9.5 Withheld Payments ................................................ 34 9.6 Proceedings with Respect to Certain Assets and Liabilities ............................................................... 34 9.7 Information ............................................................ 35 9.8 Tax Ruling ............................................................. 35 ARTICLE X. CONDITION PRECEDENT ................ 35
Claims and Suits. The Agent shall forthwith report to the Principal all claims or other actions against the Principal or Agent, and shall investigate, adjust and settle claims and matters of general average and appoint counsel and defend such claims and actions, all on instructions and authorization in writing by Principal. The Agent shall also make claims against third parties as instructed and authorized in writing by the Principal. At all times, the Agent agrees and undertakes to render all necessary and reasonable assistance to the attorneys of the Principal and its other duly authorized representatives in connection with any claim made or received by it. The Agent shall not without the prior authorization of the Principal, accept for carriage any special cargo such as inflammables, explosives, nuclear materials or other dangerous cargoes, bulk cargoes, live animals, or any other goods having any unusual requirements for stowage, loading or transportation.