Common use of Failure to Defend Clause in Contracts

Failure to Defend. If Seller fails to assume the defense of a claim meriting indemnification, NYSERDA may at the expense of Seller contest, settle or pay such claim, and Seller shall promptly reimburse NYSERDA for all costs reasonably incurred and documented by NYSERDA associated therewith.

Appears in 13 contracts

Samples: Form Agreement, Renewable Energy Certificate Purchase and Sale Agreement, Form Agreement

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Failure to Defend. If Seller Xxxxxx fails to assume the defense of a claim meriting indemnification, NYSERDA may at the expense of Seller contest, settle or pay such claim, and Seller shall promptly reimburse NYSERDA for all costs reasonably incurred and documented by NYSERDA associated therewith.

Appears in 7 contracts

Samples: Form Agreement, Competitive Tier 2 Rec Agreement, Purchase and Sale Agreement

Failure to Defend. If Seller fails to assume the defense of a claim meriting indemnification, NYSERDA may at the expense of Seller contest, settle or pay such claim, and Seller shall promptly reimburse NYSERDA for all costs reasonably incurred and documented by NYSERDA associated therewith.

Appears in 3 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, portal.nyserda.ny.gov

Failure to Defend. If Seller fails Sellxx xxxls to assume the defense of a claim meriting indemnification, NYSERDA may at the expense of Seller contest, settle or pay such claim, and Seller shall promptly reimburse NYSERDA for all costs reasonably incurred and documented by NYSERDA associated therewith.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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Failure to Defend. If Seller Xxxxxx fails to assume the defense of a claim meriting indemnification, NYSERDA may at the expense of Seller contest, settle or pay such claim, and Seller shall promptly reimburse NYSERDA for all costs reasonably incurred and documented by NYSERDA associated therewith.

Appears in 1 contract

Samples: Purchase and Sale Agreement

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