Common use of Mandatory Assistance Clause in Contracts

Mandatory Assistance. If a Third Person dispute or litigation, or both, to which City is or becomes a party, arises out of, or relates in any way to, this Agreement and Manager is not required to Indemnify City under Section 18 for all aspects of such dispute or litigation, upon City’s Notice to Manager requesting such assistance, Manager Parties shall fully assist City in resolving the dispute or litigation. Manager Parties’ assistance to City, referred to in this Agreement as “Mandatory Assistance,” includes providing professional consultations, attending mediations, arbitrations, depositions, trials, or any event related to the dispute or litigation. In providing City with Mandatory Assistance, if the Manager Parties incur reasonable costs, City will reimburse Manager for such costs. However, if it is determined through resolution of the Third Person dispute or litigation, or both, that such Third Person dispute or litigation was attributable, in whole or in part, to one or more acts or omissions of one or more of the Manager Parties, Manager shall fully reimburse City for all amounts paid to Manager or any Manager Parties in reimbursement of costs incurred in providing Mandatory Assistance and shall Indemnify City under Section 18 for the Third Person dispute or litigation. Any Legal Costs the Manager Parties may incur as a result of providing Mandatory Assistance are not reimbursable by City under this Agreement.

Appears in 3 contracts

Samples: Improvement District Management Agreement, Improvement District Management Agreement, Improvement District Management Agreement

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Mandatory Assistance. If a Third Person dispute or litigation, or both, to which City is or becomes a party, arises out of, or relates in any way to, this Agreement and Manager is not required to Indemnify City under pursuant to Section 18 for all aspects of such dispute or litigation, upon City’s Notice to Manager requesting such assistance, Manager Parties shall fully assist City in resolving the dispute or litigation. Manager Parties’ assistance to City, referred to in this Agreement as “Mandatory Assistance,” includes providing professional consultations, attending mediations, arbitrations, depositions, trials, or any event related to the dispute or litigation. In providing City with Mandatory Assistance, if the Manager Parties incur reasonable costs, City will reimburse Manager for such costs. However, if it is determined through resolution of the Third Person dispute or litigation, or both, that such Third Person dispute or litigation was attributable, in whole or in part, to one or more acts or omissions of one or more of the Manager Parties, Manager shall fully reimburse City for all amounts paid to Manager or any Manager Parties in reimbursement of costs incurred in providing Mandatory Assistance and shall Indemnify City under pursuant to Section 18 for the Third Person dispute or litigation. Any Legal Costs the Manager Parties may incur as a result of providing Mandatory Assistance are not reimbursable by City under this Agreement.

Appears in 2 contracts

Samples: Improvement District Management Agreement, Improvement District Management Agreement

Mandatory Assistance. If a Third Person any dispute or litigation, or both, to which City is involving a Third Person, where the dispute or becomes a party, litigation arises out of, or relates in any way to, this Agreement and Manager Agreement, City is not required named as a party to Indemnify City under Section 18 for all aspects of such dispute or litigation, and Subrecipient’s Indemnity obligations under Section 16 do not apply to such dispute or litigation, then upon City’s Notice to Manager Subrecipient requesting such assistance, Manager the Subrecipient Parties shall fully assist City in resolving the dispute or litigation. Manager Parties’ assistance Assistance to City, City pursuant to this Section 21 is referred to in this Agreement as “Mandatory Assistance,and includes providing professional consultations, attending mediations, arbitrations, depositions, trials, or any event related to the dispute or litigation. In providing City with Mandatory Assistance, if the Manager Subrecipient Parties incur reasonable costscosts (excluding Legal Costs), City will reimburse Manager the Subrecipient Parties for such costs. However, if it is determined through resolution of the Third Person dispute or litigation, or both, that such Third Person dispute or litigation was attributable, in whole or in part, to one or more acts or omissions of one or more of the Manager Subrecipient Parties, Manager Subrecipient shall fully reimburse City for all amounts paid to Manager or any Manager the Subrecipient Parties in reimbursement of costs incurred in providing Mandatory Assistance and shall Indemnify City under pursuant to Section 18 16 for all liability related to or arising from the Third Person dispute or litigation. Any Legal Costs the Manager Parties may incur as a result of providing Mandatory Assistance are not reimbursable by City under this Agreement, or both.

Appears in 1 contract

Samples: www.arc-sd.com

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Mandatory Assistance. If a Third Person dispute or litigation, or both, to which City is or becomes a partypmty, arises out of, or relates in any way to, this Agreement and Manager is not required to Indemnify City under pursuant to Section 18 for all aspects of such dispute or litigation, upon City’s 's Notice to Manager requesting such assistance, Manager Parties Pmties shall fully assist City in resolving the dispute or litigation. Manager Parties' assistance to City, referred refe1Ted to in this Agreement as "Mandatory Assistance," includes providing professional consultations, attending mediations, arbitrations, depositions, trials, or any event related to the dispute or litigation. In providing City with Mandatory Assistance, if the Manager Parties Pmties incur reasonable costs, City will reimburse Manager for such costs. However, if it is determined dete1mined through resolution of the Third Person dispute or litigation, or both, that such Third Person dispute or litigation was attributable, in whole or in part, to one or more acts or omissions of one or more of the Manager PartiesPmties, Manager shall fully reimburse City for all amounts paid to Manager or any Manager Parties in reimbursement of costs incurred incmTed in providing Mandatory Assistance and shall Indemnify City under pursuant to Section 18 for the Third Person dispute or litigation. Any Legal Costs the Manager Parties Pmties may incur as a result of providing Mandatory Assistance are not reimbursable by City under this Agreement.

Appears in 1 contract

Samples: Improvement District Management Agreement

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