CLAIM SETTLEMENT. The Insureds agree not to admit any liability for any Claim, offer to settle or settle any Claim, incur any Defense Expenses or otherwise assume any contractual obligation, without the Underwriter’s prior written consent, such consent shall not be unreasonably withheld. The Underwriter shall not be liable for or as a result of any offer to settle, settlement, Defense Expenses, assumed obligation, admission or stipulated judgment to which it has not given its prior consent; provided, however, if the Insured is able to fully and finally settle all Claims in their entirety, which are subject to a single retention, for an aggregate amount including Defense Expenses not exceeding fifty percent (50%) of such retention, the Underwriter’s consent will not be required for the settlement of such Claims. The Underwriter shall have the right to make investigations and conduct negotiations and, with the consent of the Insureds, enter into such settlement of any Claim as the Underwriter deems appropriate.
CLAIM SETTLEMENT. For Claim settlement under Cashless Facility, the payment shall be made to the Network Provider whose discharge would be complete and final.
CLAIM SETTLEMENT. Company shall have the right, in its sole discretion, to determine for itself and Indemnitors whether any claim, demand or suit brought against Company or any Indemnitor in connection with or relating to any Bond shall be paid, compromised, settled, tried, defended or appealed, and its determination shall be final, binding and conclusive upon the Indemnitors. Company shall be entitled to immediate reimbursement for any and all Loss incurred under the belief it was necessary or expedient to make such payments.
CLAIM SETTLEMENT. 9.1. In case of making any payments in error through the MBank service, the Customer must contact any branch of the Bank to submit an application or call the Bank's Contact Center by tel. +996 (312) 61- 33-33 , +996 (556) 61 33 33, +996 (770) 33 33 69, +996 (701) 33 33 69 (round the clock).
9.2. The Customer's applications in respect of claim payments shall be considered by the Bank within at least three working days, depending on the payment made. The Bank does not guarantee a refund in case of receiving a refusal from the counterparty involved in the payment process. Conversion schemes for payment cards of Commercial Bank KYRGYZSTAN OJSC to perform card transactions in the international payment systems. Case 1. When the USD exchange rate is higher at the date of the transaction processing Case 2. When the USD exchange rate is lower at the date of the transaction processing KZT 100,000.00 / KZT 469.69 = USD 212.90 as of the date of the transaction KZT 100,000.00 / KZT 469.69 = USD 212.90 as of the date of the transaction KZT 100,000 / KZT 470.00 = USD 212.76 as of the date of the financial transaction processing KZT 100,000 / KZT 468.00 тенге = USD 213,67 as of the date of the financial transaction processing Total: USD 212.90 - USD 212.76 = USD 0.14 (foreign exchange gain) Total: USD 212.90 - USD 213.67 = USD - 0.77 (foreign exchange loss)
1. When the USD exchange rate is higher at the date of the transaction processing Case 2. When the USD exchange rate is lower at the date of the transaction processing
CLAIM SETTLEMENT. So long as Lender is the holder of the Loan Agreement, the Notes or a mortgagee or assignee under the Mortgage or any of the Collateral Loan Documents or if Lender at any time shall have become a mortgagee in possession or a successor in interest to Borrower by foreclosure or deed in lieu of foreclosure with respect to all or part of the Premises, Borrower shall not settle any claim relating to the Premises under or on account of any Environmental Law without Lender’s prior written consent, which consent may be withheld in Lender’s sole and absolute discretion.
CLAIM SETTLEMENT. The Company, within the Claim Settlement Period, shall pay the Insurance Benefit to the Insured. 8.7 Failure to Timely Pay Insurance Benefit--In the event the Company does not pay the Insurance Benefit within the Claim Settlement Period, it shall pay interest on the Insurance Benefit at the following rates:
(a) if the Insurance Benefit is paid on or before the sixtieth (60th) day following the last day of the Claim Settlement Period, the rate due upon the Covered Loan, commencing on and including the day immediately following the last day of the Claim Settlement Period up to but excluding the date on which the Insurance Benefit is paid; or
(b) if the Insurance Benefit is paid after the sixtieth (60th) day following the last day of the Claim Settlement Period, the rate due upon the Covered Loan, commencing on and including the day immediately following the last day of the Claim Settlement Period up to and including the sixtieth (60th) day following the Claim Settlement Period, plus the rate due upon the Covered Loan plus ten (10) percentage points (“Penalty Interest”), commencing on and including the day immediately following the sixtieth (60th) day following last day of the Claim Settlement Period up to but excluding the date on which the Insurance Benefit is paid. Penalty Interest shall not be payable on the Insurance Benefit if the Company's failure to pay within sixty (60) days following the last day of the Claim Settlement Period is the result of (i) the failure of payment systems beyond the control of the Company or (ii) a Rescission of coverage with respect to a Covered Loan that the Company later determines to reinstate after receiving additional information from the Insured.
CLAIM SETTLEMENT. The Indemnifying Party shall not, without the written consent of the Indemnified Party, which consent shall not be unreasonably withheld, refused, conditioned or delayed, effect any settlement of any pending or threatened proceeding in which the Indemnified Party has sought indemnification hereunder by the Indemnifying Party, unless such settlement involves solely monetary damages and includes an unconditional release of the Indemnified Party from all liability on claims that are the subject matter of such proceeding.
CLAIM SETTLEMENT. The Insureds agree not to admit any liability for any Claim, offer to settle or settle any Claim, incur any Defense Expenses or otherwise assume any contractual obligation, without the Underwriter’s prior written consent, such consent shall not be unreasonably withheld. The Underwriter shall not be liable for or as a result of any offer to settle, settlement, Defense Expenses, assumed obligation, admission or stipulated judgment to which it has not given its prior consent, provided however, if the Insured is able to fully and finally settle all Claims in their entirety, which are subject to a single retention, for an aggregate amount including Defense Expenses not exceeding fifty percent (50%) of such retention, the Underwriter’s consent will not be required for the settlement of such Claims. The Underwriter shall have the right to make investigations and conduct negotiations and, with the consent of the Insureds, enter into such settlement of any Claim as the Underwriter deems appropriate. If the Insureds refuse to consent to a settlement acceptable to the claimant in accordance with the Underwriters’ recommendation, then, subject to the Underwriter’s applicable Limits of Liability stated in ITEM 8 of the Declarations, the Underwriter’s liability for such Claim will not exceed:
A. the amount for which the Claim could have been settled plus Defense Expenses incurred up to the date of the Insureds refused to settle such Claim (the “settlement amount”); plus
B. ninety percent (90%) of any Loss in excess of the settlement amount incurred in connection with such Claim. The remaining ten percent (10%) of Loss in excess of the settlement amount will be carried by the Insureds at their own risk and will be uninsured.
CLAIM SETTLEMENT. Where the Services to be provided relate to the administration of life insurance policies and annuity contracts, then subject to the terms, conditions and limitations of this Agreement, and pursuant to claim settlement policies utilized by Company, and subject to Company's right to review at any time the procedures followed by Provider in implementing said settlement policies, Provider shall be authorized to pay, compromise, or settle any claim or other cause of action arising from such administration of life insurance policies and annuity contracts.
CLAIM SETTLEMENT. (provision for Penal interest)
i. The Company shall settle or reject a claim, as the case may be, within 15 days from the date of receipt of last necessary document.
ii. ln the case of delay in the payment of a claim, the Company shall be liable to pay interest to the policyholder from the date of receipt of last necessary document to the date of payment of claim at a rate 2% above the bank rate.
iii. However, where the circumstances of a claim warrant an investigation in the opinion of the Company, it shall initiate and complete such investigation at the earliest, in any case not later than 30 days from the date of receipt of last necessary document- ln such cases, the Company shall settle or reject the claim within 15 days from the date of receipt of last necessary document.
iv. ln case of delay beyond stipulated 15 days, the Company shall be liable to pay interest to the policyholder at a rate 2% above the bank rate from the date of receipt of last necessary document to the date of payment of claim.
