Conditions to Election. Notwithstanding the foregoing, NAI will have no right to elect to pay Reasonable Settlement Costs in lieu of actual settlement costs if BNPPLC settles claims without NAI’s consent at any time when an Event of Default has occurred and is continuing or after a failure by NAI to conduct with due diligence and in good faith the defense of and the response to any claim, proceeding or investigation as provided in subparagraph 10(G)(1).
Appears in 6 contracts
Samples: Construction Management Agreement (Network Appliance Inc), Construction Agreement (NetApp, Inc.), Construction Agreement (NetApp, Inc.)
