Contesting Denial of Coverage. If any insurance carrier under an insurance policy denies coverage with respect to any claims reported to such carrier, upon DB Contractor’s request, TxDOT and, to the extent necessary, the other Indemnified Parties shall cooperate in good faith to establish whether and to what extent to contest, and how to fund the cost of contesting, the denial of coverage; provided that if the reported claim is a matter covered by an indemnity in favor of an Indemnified Party, then DB Contractor shall bear all costs of contesting the denial of coverage.
Contesting Denial of Coverage. If any Insurer under an Insurance Policy described in Sections 16.1.1 and 16.1.3 denies coverage with respect to any claims reported to such Insurer, Developer and the Department shall cooperate in good faith to establish whether and to what extent to contest, and how to fund the cost of contesting, the denial of coverage; provided that if the reported claim is a matter covered by an indemnity in favor of the Department or the denial is the result of Developer’s failure to comply with an insurance requirement, then Developer shall bear all costs of contesting the denial of coverage.
Contesting Denial of Coverage. If any insurance carrier under an Insurance Policy denies coverage with respect to any claims reported to such carrier, upon Developer’s request, IFA and, to the extent necessary, the other Insured Parties shall cooperate in good faith to establish whether and to what extent to contest, and how to fund the cost of contesting, the denial of coverage; provided that if the reported claim is a matter covered by an indemnity in favor of an Indemnified Party, then Developer shall bear all costs of contesting the denial of coverage.
Contesting Denial of Coverage. If any insurer under an Insurance Policy described in this Schedule 9 (Insurance Coverage Requirements) denies coverage with respect to any claims reported to such insurer, the Development Entity and the Department shall cooperate in good faith to establish whether and to what extent to contest, and how to fund the cost of contesting, the denial of coverage; provided, that if the reported claim is a matter covered by an indemnity in favor of the Department or the denial is the result of the Development Entity’s failure to comply with an insurance requirement, then the Development Entity shall bear all costs of contesting the denial of coverage.
Contesting Denial of Coverage. If any insurance carrier under an insurance policy denies coverage with respect to any claims reported to such carrier, upon Maintenance Contractor’s request, TxDOT and, to the extent necessary, the other Indemnified Parties shall cooperate in good faith Texas Department of Transportation Execution Version Horseshoe Project 39 Capital Maintenance Agreement to establish whether and to what extent to contest, and how to fund the cost of contesting, the denial of coverage; provided that if the reported claim is a matter covered by an indemnity in favor of an Indemnified Party, then Maintenance Contractor shall bear all costs of contesting the denial of coverage.
Contesting Denial of Coverage. If any insurer under an insurance policy required by this Section 18 denies coverage with respect to any claims reported to such insurer, the Lessee shall bear all the costs of contesting the denial of coverage. The Port Authority may, in its discretion, cooperate in the Lessee’s efforts to contest the denial of coverage. If the Port Authority contests a denial of coverage and the Lessee elects not to contest such denial, or if the Port Authority continues to contest a denial and the Lessee elects to cease contesting such denial, the Port Authority shall be responsible for the costs of contesting such denial or continuing to contest such denial; provided that if there is an insurance claim denial and the Lessee elects not to contest the denial or continue contesting the denial, the Lessee shall nevertheless be fully responsible and liable to make the Port Authority and other Port Authority Indemnified Parties whole for any loss or damage incurred by any of them, respectively, for all matters as to which it is required under this Agreement to have insurance coverage (net of any insurance proceeds received by the Port Authority pursuant to the immediately following sentence). If the Port Authority successfully contests a denial and the Lessee has elected not to contest or ceases to contest the denial, all insurance proceeds realized by such successful contest shall be paid over to the Port Authority for its account.
Contesting Denial of Coverage. If any insurance carrier under an insurance policy denies coverage with respect to any claims reported to such carrier, upon DB Contractor’s request, TxDOT and, to the extent necessary, the other Indemnified Parties shall cooperate in good faith to establish whether and to what extent to contest, and how to fund the cost of contesting, the denial of coverage, provided that, if the reported claim is a matter covered by an indemnity in favor of an Indemnified Party, then DB Contractor shall bear all costs of contesting the denial of coverage. Texas Department of Transportation - 45 - Execution Version I-635 LBJ East Project Capital Maintenance Agreement
