Common use of Claims and Suits Clause in Contracts

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.

Appears in 1 contract

Sources: Facility Management Agreement

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.

Appears in 1 contract

Sources: Facility Management Agreement