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.
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 Agreement, or which existed against the Failed Bank on or before the Bank Closing Date. 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.
Claims and Suits. (a) The Receiver shall have the right, in its discretion, to 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; provided that no such settlement shall be made without the prior written consent of the Assuming Bank (such consent not to be unreasonably withheld or delayed) unless any such settlement includes an express unconditional release of the Assuming Bank and its Affiliates from any and all liabilities arising out of or relating to such claim or suit without any admission of wrongdoing by the Assuming Bank or any of its Affiliates. 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.
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.
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; provided that no such settlement shall be made without the prior written consent of the Assuming Bank (such consent not to be unreasonably withheld or delayed) unless any such settlement includes an express unconditional release of the Assuming Bank and its Affiliates from any and all liabilities arising out of or relating to such claim or suit without any admission of wrongdoing by the Assuming Bank or any of its Affiliates. 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.
Claims and Suits. (If the answer to any of the questions below is yes, please attach details.) Has your organization ever failed to complete any work awarded to it? Yes No Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against your organization or its officers? Yes No Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years? Yes No
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 (ii) defend or settle any claim or suit against the Assuming Institution 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 Institution with respect to any of its obligations under this Agreement. Module 1 – Whole Bank w/ Loss Share – P&A Version 2.11B October 8, 2010 31 Tifton Banking Company Tifton, GA
Claims and Suits. Manager shall be advised by XXXX (and XXXX 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. Seller has not entered into any agreement including leases or rental agreements 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.
