Common use of Survival and Mitigation Clause in Contracts

Survival and Mitigation. The obligations under this Section 8.4 will continue in full force and effect subsequent to and notwithstanding this Agreement’s expiration or termination. A Franchisee Indemnified Party need not seek recovery from any insurer or other third party, or otherwise mitigate its Losses, in order to maintain and recover fully a claim against Hyatt under this Section 8.4. Hyatt agrees that a failure to pursue a recovery or mitigate a Loss will not reduce or alter the amounts that a Franchisee Indemnified Party may recover from Hyatt under this Section 8.4. Hyatt’s obligation to indemnify the Franchisee Indemnified Parties shall not be limited in any way by reason of any insurance that any Franchisee Indemnified Party maintains. Hyatt Place 2012-2013 I-A EAST\47813269.4

Appears in 1 contract

Samples: Franchise Agreement (Moody National REIT I, Inc.)

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Survival and Mitigation. The obligations under this Section 8.4 8.3 will continue in full force and effect subsequent to and notwithstanding this Agreement’s 's expiration or termination. A Franchisee Hyatt Indemnified Party need not seek recovery from any insurer or other third party, or otherwise mitigate its Losses, in order to maintain and recover fully a claim against Hyatt Franchisee under this Section 8.48.3. Hyatt Franchisee agrees that a failure to pursue a recovery or mitigate a Loss will not reduce or alter the amounts that a Franchisee Hyatt Indemnified Party may recover from Hyatt Franchisee under this Section 8.4Section. Hyatt’s Franchisee's obligation to indemnify the Franchisee Hyatt Indemnified Parties shall not be limited in any way by reason of any insurance that any Franchisee Hyatt Indemnified Party maintains. Hyatt Place 2012-2013 I-A EAST\47813269.4.

Appears in 1 contract

Samples: Franchise Agreement (Moody National REIT I, Inc.)

Survival and Mitigation. The obligations under this Section 8.4 will continue in full force and effect subsequent to and notwithstanding this Agreement’s 's expiration or termination. A Franchisee Indemnified Party need not seek recovery from any insurer or other third party, or otherwise mitigate its Losses, in order to maintain and recover fully a claim against Hyatt under this Section 8.4. Hyatt agrees that a failure to pursue a recovery or mitigate a Loss will not reduce or alter the amounts that a Franchisee Indemnified Party may recover from Hyatt under this Section 8.4. Hyatt’s 's obligation to indemnify the Franchisee Indemnified Parties shall not be limited in any way by reason of any insurance that any Franchisee Indemnified Party maintains. Hyatt Place 2012-2013 I-A EAST\47813269.4.

Appears in 1 contract

Samples: Franchise Agreement (Moody National REIT I, Inc.)

Survival and Mitigation. The obligations under this Section 8.4 8.3 will continue in full force and effect subsequent to and notwithstanding this Agreement’s expiration or termination. A Franchisee Hyatt Indemnified Party need not seek recovery from any insurer or other third party, or otherwise mitigate its Losses, in order to maintain and recover fully a claim against Hyatt Franchisee under this Section 8.48.3. Hyatt Franchisee agrees that a failure to pursue a recovery or mitigate a Loss will not reduce or alter the amounts that a Franchisee Hyatt Indemnified Party may recover from Hyatt Franchisee under this Section 8.4Section. HyattFranchisee’s obligation to indemnify the Franchisee Hyatt Indemnified Parties shall not be limited in any way by reason of any insurance that any Franchisee Hyatt Indemnified Party maintains. Hyatt Place 2012-2013 I-A EAST\47813269.4.

Appears in 1 contract

Samples: Franchise Agreement (Moody National REIT I, Inc.)

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Survival and Mitigation. The obligations under this Section 8.4 will continue in full force and effect subsequent to and notwithstanding this Agreement’s expiration or termination. A Franchisee Indemnified Party need not seek recovery from any insurer or other third party, or otherwise mitigate its Losseslosses and expenses, in order to maintain and recover fully a claim against Hyatt under this Section 8.4Section. Hyatt agrees that a failure to pursue a recovery or mitigate a Loss loss will not reduce or alter the amounts that a Franchisee Indemnified Party may recover from Hyatt under this Section 8.4Section. Hyatt’s obligation to indemnify the Franchisee Indemnified Parties shall not be limited in any way by reason of any insurance that any Franchisee Indemnified Party maintains. Hyatt Place 2012-2013 I-A EAST\47813269.4, provided that any insurance recovery actually paid to any Franchisee Indemnified Party shall reduce Hyatt’s indemnification obligation

Appears in 1 contract

Samples: Franchise Agreement (Chesapeake Lodging Trust)

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