Enforcing the Agreement. If Indemnitee properly makes a claim for indemnification or an advance of expenses which is payable pursuant to the terms of this Agreement, and that claim is not paid by the Company, or on its behalf, within ninety days after a written claim has been received by the Company, the Indemnitee may at any time thereafter bring suit against the Company to recover the unpaid amount of the claim and if successful in whole or in part, the Indemnitee shall be entitled to be paid also all expenses actually and reasonably incurred in connection with prosecuting such claim.
Enforcing the Agreement. Upon any default, Bank is authorized to act as owner of the Deposit Account and to apply all or any portion to: (a) the Bank's costs in enforcing its rights hereunder; (b) the interest and fees relating to the Debt; and (c) the principal of Debt. Bank is irrevocably appointed as attorney-in-fact to execute any instruments required to satisfy Debt. This Agreement is governed by the laws of the state in which the Bank and Deposit Account are located. Bank's rights stated in this Agreement are in addition to any others it has under the law. If there is a conflict regarding the security interest between this Agreement and any other agreement, this Agreement will control. You represent that no insolvency proceeding or general assignment for creditors is pending that would affect the Bank's security interest. If Bank waives or delays exercising a right, it does not forfeit that right or any others. You waive any defense you may have against Bank. Bank can exercise its rights against Deposit Account even if you are no longer liable on Debt because of a statute of limitations or because of other reasons. Until Debt is fully repaid, and you have no further obligations under this Agreement, you will subordinate in favor of Bank any right of subrogation and any right to enforce a remedy Bank now has or may later have.
Enforcing the Agreement. Upon any default, we may apply all or any portion of the Security Deposit Account to pay: (a) our costs in enforcing our rights under the Agreement and/or the Security Agreement; (b) the interest and fees relating to the Debt; and (c) the principal of Debt. You irrevocably appoint us as attorney-in-fact to execute any instruments required to satisfy the Debt. Our rights stated in this Agreement are in addition to any others we have under the law. If there is a conflict regarding the security interest between this Agreement and any other agreement, this Agreement will control. If we waive or delay exercising a right, we do not forfeit that right or any others. You waive any defense you may have against us. We can exercise our rights against Security Deposit Account even if you are no longer liable on Debt because of a statute of limitations or because of other reasons. Until the Debt is fully repaid, and you have no further obligations under the Agreement or this Security Agreement, you will subordinate in favor of us any right of subrogation and any right to enforce a remedy we now have or may later have.
Enforcing the Agreement. When the jury verdict is rendered, the parties should advise the court of the high-low agreement and request that judgment not be entered. Both the Virginia Code and case law suggests that a high-low agreement is a settlement. See Va. Code § 8.01-35.1; Xxxxx x. Xxxxxx, 254 Va. at 351 (characterizing a high-low as an “agreement” that would not be rewritten by the court); see also Xxxxx x.
Enforcing the Agreement. This Agreement benefits the City and owners of property within 300 feet of the Property, and either the City or any benefitted property owner may institute and prosecute a proceeding at law or in equity to enforce this Agreement.
Enforcing the Agreement. If the Indemnitee properly makes a claim for indemnification or an advance of expenses that is payable pursuant to the terms of this Agreement, and that claim is not paid by the Company, or on its behalf, within ninety (90) days after a written claim has been received by the Company, the Indemnitee may at any time thereafter bring suit against the Company to recover the unpaid amount of the claim and if successful in such suit, the Indemnitee shall be entitled to be paid also all reasonable out-of-pocket costs and expenses (including, without limitation, reasonable attorneys’ fees and expenses) actually incurred in connection with prosecuting such claim.
Enforcing the Agreement. (a) If Indemnitee properly makes a request for indemnification or advancement of Expenses that is payable pursuant to the terms of this Agreement and (i) indemnification is not paid in full by the Company, or on its behalf, within 60 days after the receipt by the Company of a written statement or statements requesting indemnification, (ii) a determination is made pursuant to Section 5(c) of this Agreement that Indemnitee is not entitled to indemnification, or (iii) advances are not paid in full by the Company, or on its behalf, within 30 days after the receipt by the Company of a written statement or statements requesting such payment, Indemnitee may at any time thereafter bring suit against the Company to recover the unpaid amount of any request for indemnification or advancement of Expenses. If successful in whole or in part in any such suit, Indemnitee also shall be entitled to be paid all reasonable expenses actually incurred by Indemnitee in connection with prosecuting such claim.
Enforcing the Agreement
