Settling Claims. The Company and the Customer agree to settle claims in good faith through negotiation, with the decision of the Company being final. If the claim is in the Customer's favor, the Company will credit the agreed amount to the Customer's account with the Company up to a maximum of half of the full FOB value of the vehicle.
Settling Claims. The Buyer or any Group Company may compromise, settle, discharge or otherwise deal with any Potential Liability without reference to the Sellers if the Sellers at any time notify the Buyer that they do not wish to exercise their rights under this paragraph 7 or if the Sellers do not request the Buyer in writing to take any appropriate action within [**] of notice to the Sellers given pursuant to paragraph 7.2.1or if the Sellers fail to indemnify and secure the Buyer and the relevant Company to the reasonable satisfaction of the Buyer within a period of time (commencing with the date of the notice given to the Sellers) that is reasonable having regard to the nature of the Potential Liability and the existence of any time limit in relation to avoiding, disputing, defending, resisting, appealing or compromising such Potential Liability and which period will not in any event exceed a period of [**].
Settling Claims. Neither party may settle any Third Party Claim or IP Claim on the other party’s behalf, or publicize the settlement, without the other party’s prior written permission, unless the settlement is for a monetary amount that is fully covered by that party’s indemnity and the settlement does not require an admission of fault or impose any other obligation other than the payment of money. In any event, Company shall not settle any claim that any Microsoft Intellectual Property infringes any third party’s intellectual property rights without Microsoft’s consent.
Settling Claims. Contents Average Clause – only applies where the contents sum insured is less than €25,000 If at the time of a loss or damage the contents sum insured is less than the cost of replacing all the contents as new after allowing for deterioration of clothing, linen and furs we will pay only for the proportion of the loss or damage which the sum insured bears to such cost. We will automatically reinstate the sum insured from the date of payment of any claim unless we give you written notice to the contrary before payment. In addition to any other action we may take we reserve the right to proportionately reduce the amount payable on a claim if you received a premium reduction as a result of providing inaccurate information. We will pay the full cost of replacement as new or repair of the contents lost or damaged or at our option we will replace the contents or arrange for the repair work to be carried out. However, we will deduct an amount for wear and tear: • for clothing, furs and linen, • for floor coverings more than 5 years old, If it is necessary to make a deduction for wear and tear, for the purposes of determining whether or not there is underinsurance, the cost of replacement as new of all the contents covered by this policy less the deduction for wear and tear will be compared with your actual sum insured. - We will not pay any cost relating to the replacement of, or work on, any undamaged or remaining items which form part of a set, suite, group or collection of articles of a similar nature, colour, pattern or design when the loss or damage is restricted to a clearly identifiable area or to a specific part and replacements cannot be matched - The most we will pay under paragraphs 1 to 12 is the contents sum insured, subject to the condition of average, but see the limitations in the Meaning of Words with regard to collections of stamps, coins or medals, satellite dishes, receivers and ancillary equipment and valuable property. - Where the damaged or lost item can be repaired or replaced with an item of similar quality, we may at our option either arrange or authorise replacement. If an exact replacement is not available, we may either arrange or authorise replacement with an item of similar quality. Where the replacement or repair of any item results in an increase in the value of that item we may make a deduction in respect of Betterment. • If you do not replace (for a reason that is explained and reasonable) an article which is lost, or damaged bey...
Settling Claims. Except as provided in Section 13.3.2, --------------- Indemnitee may not settle a Claim without Indemnitor's prior written approval. If Indemnitor disapproves such settlement, then Indemnitor must reimburse Indemnitee for Indemnitee's reasonable expenses in connection with its control of the defense of such Claim to the date of such assumption. IFN's failure to assume such defense and to pay such reimbursement will give Indemnitee the right to settle such Claim.
Settling Claims. 1) Where LOSS OF YIELD is between 10% and 100% of the COVERED CTE, after deduction of the first 10% LOSS OF YIELD British Sugar will pay 45% of the remaining LOSS OF YIELD at the GROWER’S AGREED PRICE, up to a limit of the value paid out at a loss of 35% of COVERED CTE. Payment will be made after the end of each respective campaign when all beet payments have been finalised.
Settling Claims. If the loss or damage occurs in the first trading year, the payment shall be based on the trading figures immediately prior to the loss. The Indemnity Period will commence at the time the loss or damage occurred or in respect of event 6 when the restrictions are applied and end when the restrictions are removed. We will take into account in calculating the payment:
