Third Party Claims Process Sample Clauses

Third Party Claims Process. The Region’s claims process for Third Party claims is to refer the claimant directly to the Vendor and to leave the resolution of the claim with the Vendor. This applies regardless of whether or not it is an insured loss. As the Region has a responsibility to the taxpayers, we must ensure that claimants are dealt with in a fair and efficient manner. Claims reported to the Vendor, either directly by a third party or through the Region shall be promptly investigated by the Vendor. The Vendor shall make contact with the third party claimant within 48 hours of receipt of notice of a claim. The Vendor shall initiate an investigation of the claim immediately upon notice, and advise the third party claimant in writing, with a copy to the Region, of the status of their claim within 20 business days of the notice. Upon resolution of the claim, the Vendor shall issue a letter to the claimant, with a copy to the Region, which will include the reasons for their position. Should this position not resolve the claim and be accepted by the third party claimant, the Vendor shall immediately report the claim to its Insurer for a further review. (Insurer for this purpose is defined as either the Claims Department of the Vendor’s Insurance Company or the Claim’s Administrator at the Vendor’s Insurance Broker.)The Vendor’s Insurer upon receipt of this claim shall advise the third party claimant by letter, with a copy to the Region, that they are now investigating the claim. When a final position on the claim has been determined, the Vendor’s Insurer shall advise the third party claimant by letter, with a copy to the Region. Failure to follow this procedure shall permit the Region to investigate and resolve any such claims. Nothing herein shall limit the right of the Region to investigate and resolve any such claims notwithstanding the response of the Vendor and/or its Insurer and to seek indemnification from the Vendor or to exercise any other rights under this Agreement. The Region may, without breaching this Agreement, retain from the funds owing to the Vendor an amount that, as between the Region and the Vendor, is equal to the balance in the Region’s favour of all outstanding debts, claims or damages, whether or not related to this Agreement.
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Third Party Claims Process. The Corporation of the County of Wellington’s claims process for Third Party claims is to refer the claimant directly to the Vendor and to leave the resolution of the claim with the Vendor. This applies regardless of whether or not it is an insured loss. As The Corporation of the County of Wellington has a responsibility to the taxpayers, we must ensure that claimants are dealt with in a fair and efficient manner. Claims reported to the Vendor, either directly by a third party or through The Corporation of the County of Wellington shall be promptly investigated by the Vendor. The Vendor shall make contact with the third party claimant within 48 hours of receipt of notice of a claim. The Vendor shall initiate an investigation of the claim immediately upon notice, and advise the third party claimant in writing, with a copy to The Corporation of the County of Wellington, of the status of their claim within 21 calendar days of the notice. Upon resolution of the claim, the Vendor shall issue a letter to the claimant, with a copy to The Corporation of the County of Wellington, which will include the reasons for their position. Should this position not resolve the claim and be accepted by the third party claimant, the Vendor shall immediately report the claim to its Insurer for a further review. (Insurer for this purpose is defined as either the Claims Department of the Vendor’s Insurance Company or the Claim’s Administrator at the Vendor’s Insurance Broker.) The Vendor’s Insurer upon receipt of this claim shall advise the third party claimant by letter, with a copy to The Corporation of the County of Wellington, that they are now investigating the claim. When a final position on the claim has been determined, the Vendor’s Insurer shall advise the third party claimant by letter, with a copy to The Corporation of the County of Wellington. Failure to follow this procedure shall permit The Corporation of the County of Wellington to investigate and resolve any such claims.
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Third Party Claims Process. The Owner’s claims process for Third Party claims is to refer the claimant directly to the Contractor and to leave the resolution of the claim with the Contractor. This applies regardless of whether or not it is an insured loss. As the Owner has a responsibility to the taxpayers, we must ensure that claimants are dealt with in a fair and efficient manner. Claims reported to the Contractor, either directly by a third party or through the Owner shall be promptly investigated by the Contractor (its insurer or adjuster). The Contractor shall make contact with the third party claimant upon receipt of notice of a claim. The Contractor shall initiate an investigation of the claim immediately upon notice, and advise the third party claimant in writing (preferably by a qualified third party adjusting firm), with a copy to the Owner, of its position regarding the claim upon completion of this investigation. Such investigation shall be done in a professional manor and reasonable time frame consistent with Insurance Institute of Canada practices. The Contractor shall include in their response the reasons for their position. Should this position not resolve the claim and be accepted by the third party claimant, the Contractor shall immediately report the claim to its Insurer. If the Contractor fails to follow this procedure, the Owner may report such claims to the Contractor’s insurer. Nothing herein shall limit the right of the Owner to investigate and resolve any such claims notwithstanding the response of the Contractor and/or its Insurer and to seek indemnification from the Contractor or to exercise any other rights under the Contract. (Costs may include but not limited to: adjusting fees, settlement awards, reasonable legal fees, administrative costs, etc.) The Owner may, without breaching this contract, retain from the funds owing to the Contractor an amount that, as between the Owner and the Contractor, is equal to the balance in the Owner’s favour of all outstanding debts, claims or damages, whether or not related to this contract.”
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Third Party Claims Process. The Township of ▇▇▇▇▇▇’▇ claims process for Third Party claims is to refer the claimant directly to the Contractor and to leave the resolution of the claim with the Contractor. This applies regardless of whether or not it is an insured loss.
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Third Party Claims Process. The Corporation of the City of ▇▇▇▇▇▇▇▇▇’s claims process for Third Party claims is to refer the claimant directly to the Vendor and to leave the resolution of the claim with the Vendor. This applies regardless of whether or not it is an insured loss.
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Related to Third Party Claims Process

  • Third Party Claims The obligation of an indemnifying party to ------------------ indemnify another party to this Agreement under the provisions of this Article with respect to claims resulting from the assertion of liability by Persons not parties to this Agreement (including governmental claims for penalties, fines and assessments) shall be subject to the following terms and conditions: (a) The indemnified party shall give prompt written notice to the indemnifying party of any assertion of liability by a third party which might give rise to a claim for indemnification, which notice shall state the nature and basis of the assertion and the amount thereof, to the extent known, provided, however, that no delay on the part of the indemnified party in giving notice shall relieve the indemnifying party of any obligation to indemnify unless (and then solely to the extent that) the indemnifying party is prejudiced by such delay. (b) If any action, suit or proceeding (a "Legal Action") is brought against an indemnified party with respect to which the indemnifying party may have an obligation to indemnify, the Legal Action shall be defended by the indemnifying party and such defense shall include all proceedings and appeals which counsel for the indemnified party shall reasonably deem appropriate. (c) Notwithstanding the provisions of the previous subsection of this Article, until the indemnifying party shall have assumed the defense of any such Legal Action, the defense shall be handled by the indemnified party. Furthermore, (i) if the indemnified party shall have reasonably concluded that there are likely to be defenses available to the indemnified party that are different from or in addition to those available to the indemnifying party; (ii) if the indemnifying party fails to provide the indemnified party with evidence reasonably acceptable to the indemnified party that the indemnifying party has sufficient financial resources to defend and fulfill its indemnification obligation with respect to the Legal Action; (iii if the Legal Action involves other than money damages and seeks injunctive or other equitable relief; or (iv) if a judgment against the indemnified party will, in the good faith opinion of the indemnified party, establish a custom or precedent which will be materially adverse to the best interests of its continuing business, the indemnifying party shall not be entitled to assume the defense of the Legal Action and the defense shall be handled by the indemnified party. If the defense of the Legal Action is handled by the indemnified party under the provisions of this subsection, the indemnifying party shall pay all legal and other expenses reasonably incurred by the indemnified party in conducting such defense. (d) In any Legal Action initiated by a third party and defended by the indemnifying party (i) the indemnified party shall have the right to be represented by advisory counsel and accountants, at its own expense, (ii) the indemnifying party shall keep the indemnified party fully informed as to the status of such Legal Action at all stages thereof, whether or not the indemnified party is represented by its own counsel, (iii) the indemnifying party shall make available to the indemnified party, and its attorneys, accountants and other representatives, all books and records of the indemnifying party relating to such Legal Action and (iv) the parties shall render to each other such assistance as may be reasonably required in order to ensure the proper and adequate defense of the Legal Action. (e) In any Legal Action initiated by a third party and defended by the indemnifying party, the indemnifying party shall not make any settlement of any claim without the written consent of the indemnified party, which consent shall not be unreasonably withheld. Without limiting the generality of the foregoing, it shall not be deemed unreasonable to withhold consent to a settlement involving injunctive or other equitable relief against the indemnified party or its assets, employees or business, or relief which the indemnified party reasonably believes could establish a custom or precedent which will be adverse to the best interests of its continuing business.

  • Third Party Claim A Claim where there is (a) a claim, demand, suit or action by a person who is not a Party, (b) a settlement with, judgment by, or liability to, a person who is not a Party, or (c) a fine or penalty imposed by a person who is not a Party.

  • Defense of Third Party Claims In the case of a Third-Party Claim, the Indemnifying Party shall have the right: (a) to control and conduct any proceedings or negotiations in connection therewith and necessary or appropriate to defend the claim, (b) to take all other reasonable steps or proceedings to settle or defend any such Third-Party Claim; provided, that the Indemnifying Party shall not settle any Third-Party Claim without the prior written consent of the Indemnified Party (which consent shall not be unreasonably withheld, conditioned, or delayed), and (c) to employ counsel designated by the Indemnifying Party to contest any such Third-Party Claim in the name of the Indemnified Party or otherwise. The Indemnifying Party shall, within fifteen (15) days of receipt of a Third-Party Claim Notice (the “Indemnity Notice Period”), give written notice to the Indemnified Party of its intention to assume the defense of such Third-Party Claim. If the Indemnifying Party does not deliver to the Indemnified Party within the Indemnity Notice Period written notice that the Indemnifying Party shall assume the defense of any such Third-Party Claim, then the Indemnified Party may defend against any such Third-Party Claim in any such manner as it may deem appropriate, provided, that the Indemnified Party shall not settle any such Third-Party Claim without the prior written consent of the Indemnifying Party, which consent shall not be unreasonably withheld, conditioned, or delayed. In the event that the Indemnifying Party does assume the defense of such Third-Party Claim, the Indemnified Party shall have the right to fully participate in (but not control) such defense (including with counsel of its choice), at its sole expense, and the Indemnifying Party shall reasonably cooperate with the Indemnified Party in connection with such participation. In the event that either the Indemnifying Party or the Indemnified Party assumes the defense of a Third-Party Claim as provided above (the “Controlling Party”), the non-Controlling Party shall have the right to fully participate (but not control) in such defense (including with counsel of its choice), at its sole expense, and the Controlling Party shall reasonably cooperate with the non-Controlling Party in connection with such participation; provided, however, that Buyer and Seller shall each use its commercially reasonable efforts with respect to any information shared pursuant to this Section 7.3(b) to preserve attorney-client privilege.