Conduct of Third Party Claims. If a Third Party Claim is made against an Affected Party and the Affected Party wishes to rely on the indemnity in clause 25.2 (“Indemnity”), then the Affected Party agrees: (a) (notice) to notify the First Party about the Third Party Claim within 10 Business Days of receiving it; (b) (settlement) not to settle or pay the Third Party Claim without the First Party’s consent (which may not be unreasonably withheld); and (c) (carriage of litigation) if requested to do so, to not unreasonably refuse to allow the First Party to conduct proceedings relating to the Third Party Claim in the Affected Party’s name, provided the Affected Party: (i) is reasonably secured for costs arising from such a proceeding; and (ii) is permitted to do so under law and by its insurers.
Appears in 2 contracts
Samples: Connection and Access Agreement, Connection and Access Agreement
Conduct of Third Party Claims. If a Third Party Claim is made against an Affected Party and the Affected Party wishes to rely on the indemnity in clause 25.2 (“Indemnity”), then the Affected Party agrees:
(a) (notice) to notify the First Party about the Third Party Claim within 10 Business Days of receiving it;
(b) (settlement) not to settle or pay the Third Party Claim without the First Party’s consent (which may not be unreasonably withheld); and
(c) (carriage of litigation) if requested to do so, to not unreasonably refuse to allow the First Party to conduct proceedings relating to the Third Party Claim in the Affected Party’s name, provided the Affected Party:
(i) Party is reasonably secured for costs arising from such a proceeding; and
(ii) , and is permitted to do so under law and by its insurers.
Appears in 2 contracts
Samples: Connection and Access Agreement, Connection and Access Agreement
Conduct of Third Party Claims. If a Third Party Claim is made against an Affected Party and the Affected Party wishes to rely on the indemnity in clause 25.2 (“Indemnity”)22.2, then the Affected Party agrees:
(a) (notice) to notify the First Party about the Third Party Claim within 10 Business Days of receiving it;
(b) (settlement) not to settle or pay the Third Party Claim without the First Party’s consent (which may not be unreasonably withheld); and
(c) (carriage of litigation) if requested to do so, to not unreasonably refuse to allow the First Party to conduct proceedings relating to the Third Party Claim in the Affected Party’s name, provided the Affected Party:
(i) is reasonably secured for costs arising from such a proceeding; and
(ii) is permitted to do so under law and by its insurers.
Appears in 1 contract
Samples: Network Operating Agreement
Conduct of Third Party Claims. If a Third Party Claim is made against an Affected Party and the Affected Party wishes to rely on the indemnity in clause 25.2 (“Indemnity”)23.2, then the Affected Party agrees:
(a) (notice) to notify the First Party about the Third Party Claim within 10 Business Days of receiving it;
(b) (settlement) not to settle or pay the Third Party Claim without the First Party’s consent (which may not be unreasonably withheld); and
(c) (carriage of litigation) if requested to do so, to not unreasonably refuse to allow the First Party to conduct proceedings relating to the Third Party Claim in the Affected Party’s name, provided the Affected Party:
(i) is reasonably secured for costs arising from such a proceeding; and
(ii) is permitted to do so under law and by its insurers.
Appears in 1 contract
Samples: Network Operating Agreement