Application of Indemnity Sample Clauses

Application of Indemnity. 65 9.4 Survival........................................................65
Sample 1
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Application of Indemnity. Whenever this Contract calls for ------------------------ Indemnifying Party to indemnify the Indemnified Party, said indemnification(s) pursuant to this Contract shall fully apply to the Indemnified Party, its partners and any partners comprising the Indemnified Party, and the Financing Parties (if Owner is the Indemnified Party) and each of their subsidiaries and Affiliates, and the directors, shareholders, officers, partners, employees and representatives of each of them, and their respective successors and assigns. The Indemnifying Party's aforesaid indemnity is for the benefit of said parties and shall not inure to the benefit of any other party.
Sample 1
Application of Indemnity. (a) Subject to sub-clause (d), the Indemnity applies to Claims or Potential Claims arising out of an Indemnified Incident occurring during the Term. (b) Subject to sub-clause (d), the Indemnity also applies to Claims or Potential Claims arising out of an Indemnified Incident which took place in the period: (i) after your then current medical indemnity fund or insurer changed from providing claims occurring cover to claims made cover; and (ii) prior to 1 July 2003, but only if: (iii) the Claim or Potential Claim had not been notified to your then current medical indemnity fund or insurer; (iv) you would have been entitled to indemnity under your fund guidelines; (v) your current medical indemnity fund or insurer (if any) does not provide indemnity or insurance against any such Claims or Potential Claims. (c) The Indemnity will continue to apply to Claims and Potential Claims covered under sub-clauses (a) and (b) made at any time after the Cessation Date. (d) The Indemnity only applies to the provision of Medical Services to private patients after 1 July 2003.
Sample 1
Application of Indemnity. You agree that the provisions of this clause 18: (a) continue in full force and effect in relation to Communications received before we give notice to you that we will not accept further Communications; and (b) are unconditional, irrevocable and survive termination of all dealings between us and you and are not impaired by any act, omission, matter or thing that might discharge or impair the indemnity but for this clause.
Sample 1
Application of Indemnity. The following process applies if The City becomes aware of any claim to which the indemnity in Section 10.01 applies: (a) The City will promptly, and in any event, within 90 calendar days of The City Solicitor becoming aware of the claim, advise the Company in writing of the claim, providing reasonable particulars (to the extent of The City’s knowledge) of the factual basis for the claim and the amount of the claim; (b) subject to subsection 10.02(c), the Company will, at its expense, assume control of the negotiation, settlement or defence of the claim and the Company will reimburse The City for all of its verifiable losses that may result from the claim; (c) the Company must not settle the claim without the prior written consent of The City, which consent may not be unreasonably withheld, conditioned or delayed, provided that with respect to an insurable claim where the insurer has the right to settle the claim without the consent of the Company, the consent of The City will not be required if The City is fully covered as an additional insured; and (d) The City and the Company will cooperate fully with each other in addressing such claims and will keep each other fully informed of their status, supplying copies of all relevant records as soon as practicable.
Sample 1
Application of Indemnity. This indemnification by the Company shall apply to all damages and claims for damages of any kind suffered by reason of any of the aforesaid operations referred to in this Section, regardless of whether or not such insurance policies shall have been determined to be applicable to any such damages or claims for damages.
Sample 1
Application of Indemnity 
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Related to Application of Indemnity

  • Limitation of Indemnity 3.1 Subject to Clause 31.9, an indemnity by either Party under any provision of this Agreement will be without limitation to any indemnity by that Party under any other provision of this Agreement.

  • Continuation of Indemnity All agreements and obligations of the Corporation contained herein shall continue during the period Agent is a director, officer, employee or other agent of the Corporation (or is or was serving at the request of the Corporation as a director, officer, employee or other agent of another corporation, partnership, joint venture, trust, employee benefit plan or other enterprise) and shall continue thereafter so long as Agent shall be subject to any possible claim or threatened, pending or completed action, suit or proceeding, whether civil, criminal, arbitrational, administrative or investigative, by reason of the fact that Agent was serving in the capacity referred to herein.

  • Authorization of Indemnification Any indemnification under this Article VII (unless ordered by a court) shall be made by the Corporation only as authorized in the specific case upon a determination that indemnification of the director or officer is proper in the circumstances because such person has met the applicable standard of conduct set forth in Section 7.1 or Section 7.2, as the case may be. Such determination shall be made, with respect to a person who is a director or officer at the time of such determination, (i) by a majority vote of the directors who are not parties to such action, suit or proceeding, even though less than a quorum, or (ii) by a committee of such directors designated by a majority vote of such directors, even though less than a quorum, or (iii) if there are no such directors, or if such directors so direct, by independent legal counsel in a written opinion or (iv) by the stockholders. Such determination shall be made, with respect to former directors and officers, by any person or persons having the authority to act on the matter on behalf of the Corporation. To the extent, however, that a present or former director or officer of the Corporation has been successful on the merits or otherwise in defense of any action, suit or proceeding set forth in Section 7.1 or Section 7.2 or in defense of any claim, issue or matter therein, such person shall be indemnified against expenses (including attorneys’ fees) actually and reasonably incurred by such person in connection therewith, without the necessity of authorization in the specific case.

  • Operation of Indemnities (a) Each indemnity in this document survives the expiry or termination of this document. (b) A party may recover a payment under an indemnity in this document before it makes the payment in respect of which the indemnity is given.

  • Limitation of Indemnification Notwithstanding any other terms of this Agreement, nothing herein shall indemnify the Indemnitee against, or exempt the Indemnitee from, any liability in respect of the Indemnitee’s fraud or dishonesty.

  • Continuation of Indemnification All agreements and obligations of the Company contained herein shall continue during the period that the Indemnitee is a director or officer of the Company (or is or was serving at the request of the Company as an agent of another enterprise, foreign or domestic) and shall continue thereafter so long as the Indemnitee shall be subject to any possible Proceeding by reason of the fact that the Indemnitee was a director or officer of the Company or serving in any other capacity referred to in this Paragraph 10.

  • Termination of Indemnification The obligations to indemnify and hold harmless any party, (i) pursuant to Section 8.01(a)(i) or 8.02(i), shall terminate when the applicable representation or warranty terminates pursuant to Section 8.06 and (ii) pursuant to the other clauses of Sections 8.01 and 8.02 shall survive the Closing indefinitely; provided, however, that such obligations to indemnify and hold harmless shall not terminate with respect to any item as to which the person to be indemnified shall have, before the expiration of the applicable period, previously made a claim by delivering a notice of such claim (stating in reasonable detail the basis of such claim) pursuant to Section 8.05 to the party to be providing the indemnification.

  • Exclusion of Indemnification Notwithstanding any provision to the contrary contained herein, there shall be no right to indemnification for any liability arising by reason of the Agent’s Disqualifying Conduct. In respect of any claim, issue or matter as to which that Person shall have been adjudged to be liable in the performance of that Person’s duty to the Trust or the Shareholders, indemnification shall be made only to the extent that the court in which that action was brought shall determine, upon application or otherwise, that in view of all the circumstances of the case, that Person was not liable by reason of that Person’s Disqualifying Conduct.

  • Survival of Indemnity The indemnification provided by this Agreement shall be a continuing right to indemnification and shall survive the registration and sale of any Registerable Securities by any person entitled to indemnification hereunder and the expiration or termination of this Agreement.

  • Lender Statements; Survival of Indemnity To the extent reasonably possible, each Lender shall designate an alternate Lending Installation with respect to its Eurodollar Loans to reduce any liability of the Borrower to such Lender under Sections 3.1, 3.2 and 3.5 or to avoid the unavailability of Eurodollar Advances under Section 3.3, so long as such designation is not, in the judgment of such Lender, disadvantageous to such Lender. Each Lender shall deliver a written statement of such Lender to the Borrower (with a copy to the Agent) as to the amount due, if any, under Section 3.1, 3.2, 3.4 or 3.5. Such written statement shall set forth in reasonable detail the calculations upon which such Lender determined such amount and shall be final, conclusive and binding on the Borrower in the absence of manifest error. Determination of amounts payable under such Sections in connection with a Eurodollar Loan shall be calculated as though each Lender funded its Eurodollar Loan through the purchase of a deposit of the type and maturity corresponding to the deposit used as a reference in determining the Eurodollar Rate applicable to such Loan, whether in fact that is the case or not. Unless otherwise provided herein, the amount specified in the written statement of any Lender shall be payable on demand after receipt by the Borrower of such written statement. The obligations of the Borrower under Sections 3.1, 3.2, 3.4 and 3.5 shall survive payment of the Obligations and termination of this Agreement.

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