Common use of Agreement for Waiver of Conflict and Shared Defense Clause in Contracts

Agreement for Waiver of Conflict and Shared Defense. In the event that a Shared Policy provides coverage for both a member of the Xxxxxx Xxxxxxx Group, on the one hand, and a member of the Discover Group, on the other hand, relating to the same occurrence, Xxxxxx Xxxxxxx and Discover agree to defend jointly, provided that in the event there is a conflict of interest which in the reasonable opinion of either party would otherwise prevent the conduct of that joint defense, the parties shall cooperate to pursue coverage under such Shared Policy pursuant to appropriate arrangements (which may require separate counsel) as permitted by such Shared Policy. Nothing in this Section 4.08 will be construed to limit or otherwise alter in any way the indemnity obligations of the parties, including those created by this Agreement, by operation of law or otherwise.

Appears in 5 contracts

Samples: Separation and Distribution Agreement, Separation and Distribution Agreement (Discover Financial Services), Separation and Distribution Agreement (Discover Financial Services)

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Agreement for Waiver of Conflict and Shared Defense. In the event that a Shared Policy provides coverage for both a member of the Xxxxxx Xxxxxxx Oil Group, on the one hand, and a member of the Discover Xxxxxx USA Group, on the other hand, relating to the same occurrence, Xxxxxx Xxxxxxx Oil and Discover Xxxxxx USA agree to defend the relevant matter jointly, provided that in the event there is a conflict of interest which in the reasonable opinion of either party would otherwise prevent the conduct of that joint defense, the parties shall cooperate to pursue coverage under such Shared Policy pursuant to appropriate arrangements (which may require separate counsel) as permitted by such Shared Policy. Nothing in this Section 4.08 4.07 will be construed to limit or otherwise alter in any way the indemnity obligations of the parties, including those created by this Agreement, by operation of law or otherwise.

Appears in 4 contracts

Samples: Separation and Distribution Agreement, Separation and Distribution Agreement (Murphy Oil Corp /De), Separation and Distribution Agreement (Murphy USA Inc.)

Agreement for Waiver of Conflict and Shared Defense. In the event that a Shared Policy provides coverage for both a member of the Xxxxxx Xxxxxxx Group, on the one hand, and a member of the Discover SpinCo Group, on the other hand, relating to the same occurrence, Xxxxxx Xxxxxxx and Discover SpinCo agree to defend the relevant matter jointly, provided that in the event there is a conflict of interest which in the reasonable opinion of either party would otherwise prevent the conduct of that joint defense, the parties Parties shall cooperate to pursue coverage under such Shared Policy pursuant to appropriate arrangements (which may require separate counsel) as permitted by such Shared Policy. Nothing in this Section 4.08 5.06 will be construed to limit or otherwise alter in any way the indemnity obligations of the partiesParties, including those created by this Agreement, by operation of law or otherwise.

Appears in 1 contract

Samples: Separation and Distribution Agreement (Vertiv Co.)

Agreement for Waiver of Conflict and Shared Defense. In the event that a Shared Policy provides coverage for both a member of the Xxxxxx Xxxxxxx Mxxxxx Oil Group, on the one hand, and a member of the Discover Mxxxxx USA Group, on the other hand, relating to the same occurrence, Xxxxxx Xxxxxxx Mxxxxx Oil and Discover Mxxxxx USA agree to defend the relevant matter jointly, provided that in the event there is a conflict of interest which in the reasonable opinion of either party would otherwise prevent the conduct of that joint defense, the parties shall cooperate to pursue coverage under such Shared Policy pursuant to appropriate arrangements (which may require separate counsel) as permitted by such Shared Policy. Nothing in this Section 4.08 4.07 will be construed to limit or otherwise alter in any way the indemnity obligations of the parties, including those created by this Agreement, by operation of law or otherwise.

Appears in 1 contract

Samples: Separation and Distribution Agreement (Murphy USA Inc.)

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Agreement for Waiver of Conflict and Shared Defense. In the event that a Shared Policy provides coverage for both a member of the Xxxxxx Xxxxxxx MS Group, on the one hand, and a member of the Discover MSCI Group, on the other hand, 12 relating to the same occurrence, Xxxxxx Xxxxxxx Mxxxxx Sxxxxxx and Discover MSCI agree to defend jointly, provided that in the event there is a conflict of interest which in the reasonable opinion of either party Party would otherwise prevent the conduct of that joint defense, the parties Parties shall cooperate to pursue coverage under such Shared Policy pursuant to appropriate arrangements (which may require separate counsel) as permitted by such Shared Policy. Nothing in this Section 4.08 3.07 will be construed to limit or otherwise alter in any way the indemnity obligations of the partiesParties, including those created by this Agreement, by operation of law or otherwise.

Appears in 1 contract

Samples: Separation Agreement (MSCI Inc.)

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