Claim Management. (a) Buyer agrees that it will not, and agrees to use and use its reasonable best efforts to ensure that its Affiliates do not, voluntarily or by discretionary action, accelerate the timing, or increase the cost, of any obligations of TRW under this Agreement relating to Shared Campaign Claims or Pre-Closing Customer Contract Claims, except as required by law.
(b) If pursuant to Section 2.4(a)(iii) or (iv) hereof Buyer shall manage any proceedings relating to any Shared Campaign Claims or Pre-Closing Customer Contract Claims, Buyer must conduct its actions in a good workmanlike and expeditious manner, consistent with industry standards, and use only competent and qualified professionals with the goal of minimizing any amounts payable consistent with industry practice and consistent with the ordinary course of business of the Business.
(c) In connection with management of any Shared Campaign Claims or Pre-Closing Customer Contract Claims for which TRW shall bear sole liability pursuant to Section 2.4 hereof, Buyer shall: (i) consult with TRW in connection with such management; (ii) provide any material correspondence to and from the parties seeking payment pursuant to any Shared Campaign Claims or Pre-Closing Customer Contract Claims, that is reasonably requested by TRW; and (iii) give due and proper consideration to all reasonable directions of TRW in the conduct of such management. With respect to all Shared Campaign Claims and Pre-Closing Customer Contract Claims, Buyer shall provide TRW with quarterly reports on the progress of all settlements of Shared Campaign Claims and Pre-Closing Customer Contract Claims.
Claim Management. You confirm and understand that the claims assigned to it by a Loan Originator are not all of the creditor’s claims towards the relevant borrower, and you shall not become the sole creditor of the relevant borrower under the relevant loan agreement. The claim together with such claims of other users of the Platform, that arise from the relevant loan agreement shall continue to be managed by the original creditor or the Platform Operator, as necessary. You may, at any time, request information under your user account details about all transactions performed on your behalf on the Platform and deductions made by us from your funds.
Claim Management. The Insurance Company agrees to provide the names and contact details of their panel of surveyors to CPT and for effective / speedy settlement of claim Marsh will prepare a panel of surveyors for approval from insurance company.
Claim Management. If either Party becomes aware of a Claim for damages that might give rise to a right or obligation of indemnification and defense as provided herein, that Party shall promptly notify the other Party. The indemnifying Party shall control the defense against or settlement of such Claim. The Party seeking to be indemnified shall cooperate in such action if reasonably necessary and requested by the indemnifying Party. The Party seeking to be indemnified may, in its own discretion, be represented in the defense or settlement of any such Claim by counsel of its own choosing at its sole expense.
Claim Management. GPM will respond to my commercial insurance carriers’ requests for information, but will not be obligated to take action on my behalf against them for collecting or negotiating my insurance claim. GPM will provide sufficient information to allow my commercial insurance carrier to determine what services it will reimburse, but GPM is not responsible for my commercial insurance carriers’ decision. I have been encouraged to review my commercial insurance carriers’ guidelines to determine if coverage is available for these services.
Claim Management. The management of third party claims brought by third parties against the Operator is the responsibility of the Operator. The costs of a defending or settling any such claims; and b complying with any order or judgment made against the Operator in relation to such claims are Non-reimbursable Costs, except to the extent that provision has explicitly been made for such costs in the Approved Direct Cost Budget.
Claim Management. In the event that a Party is seeking indemnification under this Section 9, it shall inform the other Party of a Claim as soon as reasonably practicable after it receives notice of the Claim, shall permit the indemnifying Party to assume direction and control of the defense of the Claim (including the right to settle the Claim solely for monetary consideration), and shall cooperate as requested in the defense and settlement of the Claim. The indemnified Party shall not voluntarily make any payment or incur any expense in connection with any claim or suit without the consent of the indemnifying Party, provided that if the indemnifying Party does not assume direction and control of the defense of the Claim, the indemnified Party may assume direction and control of the defense of the Claim and, if successful, shall be reimbursed by the indemnifying Party for costs incurred in connection with such defense.
Claim Management a. The Purchaser may elect to manage any Customer Claims for which the Vendor may be liable at the Vendor’s cost. In such event the Purchaser must regularly consult with the Vendor in good faith as to how the claim may be best disposed of in the interests of the Business but the Purchaser may not finally resolve the claim without the prior consent of the Vendor, which consent must not be unreasonably or arbitrarily withheld or delayed.
b. Where the Vendor manages any Customer Claim the Vendor must not take any action in respect of a Customer Claim which may have an adverse effect on the Purchaser’s relationship with the claimant without in each case first obtaining the consent of the Purchaser, as to how the Customer Claim may be best disposed of in the best interests of the Business. Subject to the above, the final decision on the best method to resolve the Customer Claim will be made by the Vendor, provided that the Vendor may not take any legal proceedings against any customer without first obtaining the Purchaser’s prior written consent to such action.
Claim Management. Obligations in the event of a claim
