Insurance Adjustments. The Secured Party may adjust, settle, and cancel any and all insurance covering any Collateral, endorse the name of the Debtor on any and all checks or drafts drawn by any insurer, whether representing payment for a loss or a return of unearned premium, and execute any and all proofs of claim and other documents or instruments of every kind required by any insurer in connection with any payment by such insurer. The net proceeds of any disposition of the Collateral may be applied by the Secured Party, after deducting its reasonable expenses incurred in such disposition, to the payment in whole or in part of the Obligations in such order as the Secured Party may elect. The enumeration of the foregoing rights and remedies is not intended to be exhaustive, and the exercise of any right and/or remedy shall not preclude the exercise of any other rights or remedies, all of which are cumulative and non-exclusive.
Insurance Adjustments. Secured Party may adjust, settle, and cancel any and all insurance covering any Collateral, endorse the name of Debtor in favor of Secured Party on any and all checks or drafts drawn by any insurer, whether representing payment for a loss or a return of unearned premium, and execute any and all proofs of claim and other documents or instruments of every kind required by any insurer in connection with any payment by such insurer.
Insurance Adjustments. The amounts of insurance --------------------- specified in subsections 6.2.1 and 6.2.3 may be adjusted in the year 2000 and not more often then every third year thereafter for the duration of the Lease to take into account circumstances at the time of such adjustments.
Insurance Adjustments. Upon and during the existence of an Event of Default, the Secured Party may adjust, settle, and cancel any and all insurance covering any Collateral, endorse the name of the Debtor on any and all checks or drafts drawn by any insurer, whether representing payment for a loss or a return of unearned premium, and execute any and all proofs of claim and other documents or instruments of every kind required by any insurer in connection with any payment by such insurer. The net proceeds of any disposition of the Collateral may be applied by the Secured Party, after deducting its reasonable expenses incurred in such disposition, to the payment in whole or in part of the Obligations in such order as the Secured Party may elect. The enumeration of the foregoing rights and remedies is not intended to be exhaustive, and the exercise of any right and/or remedy shall not preclude the exercise of any other rights or remedies, all of which are cumulative and non-exclusive.
Insurance Adjustments. THE SECURED PARTY MAY ADJUST, SETTLE, AND CANCEL ANY AND ALL INSURANCE COVERING ANY COLLATERAL, ENDORSE THE NAME OF THE DEBTOR ON ANY AND ALL CHECKS OR DRAFTS DRAWN BY ANY INSURER, WHETHER REPRESENTING PAYMENT FOR A LOSS OR A RETURN OF UNEARNED PREMIUM, AND EXECUTE ANY AND ALL PROOFS OF CLAIM AND OTHER DOCUMENTS OR INSTRUMENTS OF EVERY KIND REQUIRED BY ANY INSURER IN CONNECTION WITH ANY PAYMENT BY SUCH INSURER. THE NET PROCEEDS OF ANY DISPOSITION OF THE COLLATERAL MAY BE APPLIED BY THE SECURED PARTY, AFTER DEDUCTING ITS REASONABLE EXPENSES INCURRED IN SUCH DISPOSITION, TO THE PAYMENT IN WHOLE OR IN PART OF THE OBLIGATIONS IN SUCH ORDER AS THE SECURED PARTY MAY ELECT. THE ENUMERATION OF THE FOREGOING RIGHTS AND REMEDIES IS NOT INTENDED TO BE EXHAUSTIVE, AND THE EXERCISE OF ANY RIGHT AND/OR REMEDY SHALL NOT PRECLUDE THE EXERCISE OF ANY OTHER RIGHTS OR REMEDIES, ALL OF WHICH ARE CUMULATIVE AND NON-EXCLUSIVE.
Insurance Adjustments. Upon and during the existence of an Event of Default, the Agent may adjust, settle, and cancel any and all insurance covering any Collateral, endorse the name of the Debtor on any and all checks or drafts drawn by any insurer, whether representing payment for a loss or a return of unearned premium, and execute any and all proofs of claim and other documents or instruments of every kind required by any insurer in connection with any payment by such insurer. The net proceeds of any disposition of the Collateral may be applied by the Agent, after deducting its reasonable expenses incurred in such disposition, to the payment in whole or in part of the Obligations in such manner permitted by the Transaction Documents. The enumeration of the foregoing rights and remedies is not intended to be exhaustive, and the exercise of any right and/or remedy shall not preclude the exercise of any other rights or remedies, all of which are cumulative and non-exclusive.
Insurance Adjustments. In the event of any loss, Subcontractor shall be bound by any adjustment which shall be made between Contractor, Owner, and the insurance company or companies.
Insurance Adjustments. If either Lessor or Lessee shall at any time deem the limits of the insurance required to be carried under this Section 16 to be either excessive or insufficient, the Parties shall endeavor to agree on the proper and reasonable limits for insurance then to be carried. Insurance then shall be carried with the limits thus agreed on until further change pursuant to the provisions of this Section 16. However, if the Parties shall be unable to agree on the limits, the proper and reasonable limits for insurance then to be carried shall be determined by an independent insurer appraisal, in the manner set forth hereinabove in this Section 16. The decision of the appraiser(s) as to the proper and reasonable limits for insurance then to be carried shall be binding on the Parties, and insurance shall be carried with the limits as thus determined until the limits are again changed pursuant to the provisions of this Section 16.
Insurance Adjustments. If, prior to the settlement and payment of a claim for Losses by a Seller or the Buyer, as applicable, the Indemnified Party receives a payment from an insurance carrier in connection with the Losses to which such claim relates, the amount of Losses recoverable by the Indemnified Party under this Article 12 from the Seller or the Buyer, as applicable, for such claim shall be reduced by the amount of such insurance payment, net of any increase in premiums to be paid by the Indemnified Party related to the insurance carrier’s payment of such claim. If an Indemnified Party receives any insurance payment in connection with any claim for Losses for which it already received payment from a Seller or Buyer, as applicable, within thirty (30) days of receiving such insurance payment, the Indemnified Party shall pay to the Escrow Agent for deposit in the Escrow Indemnification, the amount of the insurance payments received, net of any increase in premiums to be paid by the Indemnified Party related to the insurance carrier’s payment of such claim. In the event the Escrow Indemnification has been fully disbursed or has been closed, then within thirty (30) days of receiving such insurance payment, the Indemnified Party shall pay to (a) CDPQ and Fondaction an amount equal to their respective Pro Rata Share of such net insurance payment and (b) to Sellers’ Representative the remaining amount of such payment, for distribution by Sellers’ Representative to the Sellers (other than CDPQ and Fondaction) in accordance with their respective Pro Rata Share of such net insurance payment. Buyer shall cause the Targets to use commercially reasonable efforts to recover any amount payable by the insurance carrier, but in no circumstance shall the Targets be obligated to institute legal recourse against their respective insurers.
Insurance Adjustments. With respect to each indemnification obligation contained in this Agreement or any other document executed in connection herewith (a) all Losses shall be net of any third-party insurance proceeds that have been or shall be recovered by the Indemnified Party in connection with the facts giving rise to the right of indemnification, and the Indemnified Party shall use its reasonable best efforts to seek full recovery under all insurance provisions covering such Loss to the same extent as it would if such Loss were not subject to indemnification hereunder; and (b) in no event shall the Indemnifying Party have liability to the Indemnified Party for any consequential, special, incidental, indirect or punitive damages, lost profits or similar items.
