Litigation Management Clause Samples
The Litigation Management clause outlines the procedures and responsibilities for handling legal disputes involving the parties to a contract. Typically, it specifies who will control the defense, how legal counsel is selected, and the process for sharing information and costs related to litigation. This clause ensures that both parties understand their roles in managing lawsuits, helping to coordinate efforts, avoid conflicts, and control legal expenses.
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Litigation Management. Manager shall (a) manage and direct (subject to any malpractice insurance policies or requirements) the general defense of all claims, actions, proceedings or investigations against Practice or any of its officers, directors, employees or agents in their capacity as such and arising out of or related to the operation of Practice, and (b) manage and direct the initiation and prosecution of all claims, actions, proceedings or investigations brought by Practice against any person other than Manager with respect to the operation of Practice.
Litigation Management. Any litigation related solely to a single Mortgage Loan and incidental to the Subservicer’s servicing obligations hereunder (other than litigation between or among the Owner/Servicer, on the one hand, and the Subservicer, on the other hand) shall be managed by the Subservicer or its counsel on behalf of the Owner/Servicer or the Investor, as applicable, such as foreclosure, evictions, quiet title and bankruptcy filings, at the Subservicer’s internal expense with respect to administration of such litigation (excluding, however, third party costs such as reasonable out-of-pocket attorneys’ fees and expenses for which the Owner/Servicer shall remain responsible and which shall be a Servicing Advance hereunder) unless reimbursed from a third party pursuant to Applicable Requirements. Any and all such proceedings described in this paragraph shall be taken by the Subservicer in its own name on behalf of the Owner/Servicer or the Investor, as applicable. At any time subsequent to the Effective Date, the parties may mutually agree to specific litigation protocols for the purpose of managing litigation relating to the Mortgage Loans.
Litigation Management. Service Company will (i) manage and direct the defense of all claims, actions, proceedings, or investigations against P.C. or any of its officers, directors or employees in their capacity as such, and (ii) manage and direct the initiation and prosecution of all claims, actions, proceedings or investigations brought by P.C. against any person other than the Service Company.
Litigation Management. Any litigation related solely to a single Mortgage Loan and incidental to the Seller’s servicing obligations hereunder (other than litigation between or among any Purchaser, on the one hand, and the Seller, on the other hand) shall be managed by the Seller or its counsel on behalf of the Investor such as foreclosure, evictions, quiet title and bankruptcy filings, at the Seller’s internal expense with respect to administration of such litigation (excluding, however, third party costs such as reasonable out-of-pocket attorneys’ fees and expenses for which Holdings shall remain responsible and which shall be a Servicing Advance hereunder) unless reimbursed from a third party pursuant to Applicable Requirements. Any and all such proceedings described in this paragraph shall be taken by the Seller in its own name on behalf of the Investor. At any time subsequent to the Effective Date, the parties may mutually agree to specific litigation protocols for the purpose of managing litigation relating to the Mortgage Loans.
Litigation Management. Manager shall, at the expense of Provider, (a) assist Provider in the management and defense of all claims, actions, proceedings or investigations against Provider or any of its officers, directors, employees or agents in their capacity as such, and (b) assist Provider in the management and direction of all claims, actions, proceedings or investigations brought by Provider against any person other than Manager or Holder. Manager shall promptly notify Provider of all material legal actions filed on behalf of or (as Manager becomes aware thereof) against Provider. Manager shall not, except with the consent of Provider, enter into any settlement or consent to entry of any judgment that (x) imposes any injunctive relief or other equitable relief against, or alleges that a criminal act was committed by, Provider or Holder or imposes any monetary damages as to which H▇▇▇▇▇ will not be indemnified in full hereunder, or (y) does not include as a term thereof the giving by the Person(s) asserting such claim (or counterclaim) to Provider and Holder of a release from all liability with respect to such claim. Notwithstanding the foregoing, Manager shall not exercise any rights described in clauses (a)-(b) of this Section 2.16 if the matter (i) is a claim seeking non-monetary relief, (ii) involves criminal or quasi-criminal allegations or regulatory matters, (iii) involves a claim that, if adversely determined, would be reasonably expected to be materially adverse to the reputation of Holder, or (vi) is a third-party claim being made by a governmental authority. If Manager exercises any rights described in clauses (a)-(b) of this Section 2.16 in accordance with this Section2.16, Provider and Holder, at their sole cost and expense, shall have the right to participate in the defense of such third-party claim with counsel selected by it, subject to Manager’s rights described in clauses (a)-(b) of this Section 2.16, and the fees and disbursements of such counsel shall be at the expense of Provider.
Litigation Management. Insurer shall control litigation arising out of claims adjudicated by Third Party Administrator under this Agreement.
Litigation Management. Litigation Costs Section 7. Litigation Participation Section 8.
Litigation Management. Any litigation related solely to a single Mortgage Loan and incidental to the Subservicer’s servicing obligations hereunder (other than litigation between or among the Owner/Servicer, on the one hand, and Subservicer, on the other hand) shall be managed by the Subservicer or its counsel on behalf of the Owner/Servicer, such as foreclosure, evictions, quiet title and bankruptcy filings, at the Subservicer’s internal expense with respect to administration of such litigation (excluding, however, third party costs such as reasonable out-of-pocket attorney’s fees and expenses for which the Owner/Servicer shall remain responsible and which shall be a Servicing Advance hereunder). Any and all such proceedings described in this paragraph shall be taken by the Subservicer in its own name on behalf of the Owner/Servicer. The parties shall manage litigation relating to other Mortgage Loans in accordance with the Litigation Protocol attached hereto as Exhibit K. The Subservicer and the Owner/Servicer agree that Exhibit K will be finalized and attached hereto within ten (10) Business Days of the date hereof without any further action by the parties. The Subservicer shall deliver on the first (1st) Business Day of each month a report describing all litigation managed by the Subservicer on behalf of the Owner/Servicer. In addition to the other reports the Subservicer is providing under this Agreement, the Subservicer shall provide the Owner/Servicer, no later than the Reporting Date (or such other applicable deadline, as specified below), the following litigation-related reports: (i) results of periodic foreclosure firm audits, (ii) results of monthly scorecards of foreclosure and bankruptcy firms, including peer comparisons, (iii) changes in scorecarding methodology, (iv) changes in Subservicer’s foreclosure checklist or other foreclosure practices, (v) annual certification that each foreclosure firm is approved by the Agencies and (vi) monthly reports summarizing litigation, foreclosure and bankruptcy activity (volume, new, resolved, costs/expenses projections, etc.).
Litigation Management. Manager will manage and direct the defense of all claims, actions, proceedings or investigations against Practice, its Physicians and Physician Extenders, or any of its officers or directors in their capacity as such; provided that such services will only be available with respect to claims arising from actions taken or inaction occurring on or after the Effective Date. Manager also will manage and direct the initiation and prosecution of all such claims, actions, proceedings or investigations brought by Practice against any Person other than Manager. Notwithstanding the foregoing, Manager's responsibilities in this regard shall be limited such that all material decisions regarding any claims, actions, proceedings or investigations, and the hiring and retention of counsel to handle same, shall be made in conjunction with, or pursuant to policies established in conjunction with, Practice.
Litigation Management. Management of litigation shall include evaluation of claims, assignment of qualified attorneys to represent the Member, monitoring of the litigation, providing periodic status and evaluation reports to the Executive Director, aid in promoting and evaluating risk management, and recommending reserves for claims in litigation.