Adjustments for Claims. All property insurance policies required by this Exhibit shall provide that all adjustments for claims with the insurers shall be made by the City. All other insurance policies required hereby shall provide that all adjustments for claims with the insurers be made with both the City and Funding Recipient, both of which shall act reasonably.
Adjustments for Claims. All property insurance policies required by this Exhibit shall provide that all adjustments for claims with the insurers shall be made by DDC. All other insurance policies required hereby shall provide that all adjustments for claims with the insurers be made with both DDC and Funding Recipient, both of which shall act reasonably.
Adjustments for Claims. All property insurance policies required by this Article shall provide that all adjustments for claims with the insurers involving a loss in excess of $5,000,000 be made with Landlord and Tenant.
Adjustments for Claims. All property insurance policies required to be carried and maintained or caused to be carried and maintained by Funding Recipient pursuant to this Exhibit shall provide, from and after the date when the City and/or DDC become additional Exhibit, that DDC shall be afforded the opportunity to participate in any negotiations regarding adjustments for claims with the insurers. All other insurance policies required by this Exhibit shall provide that all adjustments for claims with the insurers be made with both DDC and Funding Recipient, each of which shall act reasonably.
Adjustments for Claims. All flood and casualty insurance policies (if any) which Tenant may elect in its discretion to maintain hereunder shall provide that all adjustments for claims with the insurers shall be made by Tenant and its agents in coordination with Landlord, with both of Landlord and Tenant to act reasonably and in good faith, and Tenant shall direct casualty loss proceeds to be paid to the Casualty Restoration Party based upon the actual amount of the loss, as such amount shall have been determined by adjustment with the insurer; provided, however, that if Tenant exercises its termination rights under Section 12.02(f), Landlord shall have the sole right to adjust all claims. Upon demand of any Party, subject to the foregoing, Landlord and Tenant shall confirm in writing to each flood and casualty insurer (if any) that all insurance proceeds as aforesaid shall be delivered to the Casualty Restoration Party.
Adjustments for Claims. The Escrow Agent shall deduct Escrow Shares that become subject to pending Contested Claims (as defined in Section 4.3) of Broadbase or other Indemnified Persons from column 6 of each Stockholder's account in the Escrow Ledger and add such Escrow Shares to column 5 of each Stockholder's account. The Escrow Agent shall deduct Escrow Shares that are charged and allocated to each Stockholder's account pursuant to Article 4 in satisfaction of Claims (as defined in Section 3.1) by Broadbase or other Indemnified Persons from columns 2-6, as appropriate.
Adjustments for Claims. The Escrow Agent shall denote Escrow Shares that become subject to pending Contested Claims of Broadbase or other Indemnified Persons in each Shareholder's account in the Escrow Ledger. The Escrow Agent shall deduct Escrow Shares that are charged and allocated to each Shareholder's account pursuant to Article 4 in satisfaction of Claims by Broadbase or other Indemnified Persons.
Adjustments for Claims. All property insurance policies required by this Article shall provide that all adjustments for claims at or above the Threshold Amount with the insurers shall be made by Landlord and/or Lease Administrator and Tenant unless permission is granted by Landlord to Tenant or the Recognized Mortgagee to adjust. All other insurance policies required by this Article shall provide that an adjustment for claims will be made with Tenant and Recognized Mortgagee to the extent of their respective interest in the proceeds. Notwithstanding the foregoing or any other provision hereof to the contrary, Landlord agrees that to the extent proceeds are less than the Threshold Amount, Depository shall be entitled to deliver any such proceeds on hand to Tenant upon request without notice or approval by Landlord. Upon demand of the other, Landlord and Tenant shall confirm in writing to each property insurer that to the extent required hereunder all insurance proceeds shall be endorsed or paid over to Depository, as their trustee.
Adjustments for Claims. The Escrow Agent shall deduct ---------------------- Escrow Shares that become subject to pending Contested Claims of Acquirer or other Indemnified Persons from column 6 of each Stockholder's account and add such Escrow Shares to column 5 of each Stockholder's account. The Escrow Agent shall deduct Escrow Shares that are charged and allocated to each Stockholder's account pursuant to Article 4 in satisfaction of Claims by Acquirer or other Indemnified Persons from columns 2-6, as appropriate.
Adjustments for Claims. The Escrow Agent shall deduct Escrow Shares or Cash Escrow amounts that become subject to pending Contested Claims of the Purchaser or Purchaser Indemnified Parties from column 8 of each Securityholder’s account and add such Escrow Shares or Cash Escrow amounts to column 7 of each Securityholder’s account. The Escrow Agent shall deduct Escrow Shares or Cash Escrow amounts that are charged and allocated to each Securityholder’s account pursuant to Article 4 in satisfaction of Claims by the Purchaser or Purchaser Indemnified Parties from columns 2-8, as appropriate. The Escrow Agent will not be responsible for determining the number of Escrow Shares or amount of Cash Escrow to be released. Purchaser and the Securityholders’ Representatives will be responsible for calculating the number of Escrow Shares or Cash Escrow to be released by delivering written instructions to the Escrow Agent.
