Control of Litigation and Claims Sample Clauses

Control of Litigation and Claims. (a) HUD shall control all litigation and claims made against the Projects and HUD, in connection with the performance of the Agreement or otherwise in connection with the Section 202 Program or the Section 811 Program, provided that HUD shall consult with the DPA to the extent that the defenses or claims it asserts in such litigation (or in connection with such claims) affect or have a reasonable likelihood of affecting the rights of the DPA, and the DPA shall cooperate with HUD to the extent necessary to permit HUD to defend or prosecute such litigation. If the DPA believes that HUD position in the litigation is directly adverse to its position, if included in the litigation or claim, the DPA may pursue its own defense separate and apart from HUD. In this event, the DPA shall be responsible for its legal expenses. (b) The DPA Counsel shall control all litigation or claims made or threatened solely against the DPA or any officer, director, partner, employee or agent of the DPA, in connection with the performance of the Agreement or otherwise in connection with the Section 202 Program or the Section 811 Program, provided that the DPA shall immediately provide written notice of any such litigation or claims. If HUD, or the HUD’s legal representative, determines that there is a federal interest, HUD, through the Department of Justice, may elect to participate, in which case the matter shall be handled in accordance with Section 10.2.2(a). In any event, the DPA shall consult with HUD to the extent that the defenses or claims it asserts in such litigation (or in connection with such claims) affect or have a reasonable likelihood of affecting the rights of HUD, , shall cooperate with the DPA to the extent necessary to permit the DPA to defend or prosecute such litigation. (c) Nothing in this section 10.2.2. shall prevent either the DPA or HUD from taking action available to it under Federal or State law to implead or otherwise join HUD or the DPA in the action brought against it.
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Control of Litigation and Claims. (a) The Secretary shall control all litigation and claims made or threatened against the Projects, the Secretary, the DAS, the Director, HUD, and the DPA or any officer, director, partner, employee or agent of any of them in connection with the performance of the Agreement or otherwise in connection with the Section 202 Program, provided that the Secretary shall consult with the DPA to the extent that the defenses or claims it asserts in such litigation (or in connection with such claims) affect or have a reasonable likelihood of affecting the rights of the DPA, and the DPA shall cooperate with the Secretary to the extent necessary to permit the Secretary to defend or prosecute such litigation. If the DPA believes that the Secretary’s position in the litigation is directly adverse to its position, the DPA may pursue its own defense separate and apart from the Secretary’s. In this event, the DPA shall be responsible for its legal expenses. (b) The DPA Counsel shall control all litigation or claims made or threatened solely against the DPA or any officer, director, partner, employee or agent of the DPA, in connection with the performance of the Agreement or otherwise in connection with the Section 202 Program, provided that the DPA shall immediately provide written notice of any such litigation or claims. If the Secretary, or the Secretary’s legal representative, determines that there is a federal interest, the Secretary, through the Department of Justice, may elect to participate, in which case the matter shall be handled in accordance with Section
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Control of Litigation and Claims. (a) The Secretary shall control all litigation and claims made or threatened against the Projects, the Secretary, the Director, HUD, and the PAE or any officer, director, partner, employee or agent of any of them in connection with the performance of the Agreement or otherwise in connection with the M2M Program, provided that the Secretary shall consult with the PAE to the extent that the defenses or claims it asserts in such litigation (or in connection with such claims) affect or have a reasonable likelihood of affecting the rights of the PAE, and the PAE shall cooperate with the Secretary to the extent necessary to permit the Secretary to defend or prosecute such litigation. (b) The PAE Counsel shall control all litigation or claims made or threatened solely against the PAE or any officer, director, partner, employee or agent of the PAE, in connection with the performance of the Agreement or otherwise in connection with the M2M Program, provided that the PAE shall immediately provide written notice of any such litigation or claims. If the Secretary, or the Secretary’s legal representative, determines that there is a federal interest, the Secretary, through the Department of Justice, may elect to participate, in which case the matter shall be handled in accordance with Section 12.2.2(a). In any event, the PAE shall consult with the Secretary to the extent that the defenses or claims it asserts in such litigation (or in connection with such claims) affect or have a reasonable likelihood of affecting the rights of the Secretary, the Director, or HUD, and the Secretary shall cooperate with the PAE to the extent necessary to permit the PAE to defend or prosecute such litigation. (c) Nothing in this section 12.2.2. shall prevent either the PAE or the Secretary from taking action available to it under Federal or State law to implead or otherwise join the Secretary or PAE in the action brought against it.
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Related to Control of Litigation and Claims

  • Control of Litigation The Parties agree and acknowledge that ASCU shall be entitled at its option exclusively to control any Proceeding, including without limitation the Canyons Litigation, and each Party agrees (i) to promptly notify the other Party of the existence (or alleged existence) of the institution or commencement of any Proceeding instituted by any third party, and (ii) in the case of ASC, to cooperate fully with Indemnitors in connection therewith; provided, that Indemnitor’s right to control any Proceeding shall not be construed as including the right to enter into any settlement, consent judgment or decree or other order or judgment affecting Indemnitees and whether involving monetary or non-monetary relief without the prior written approval of Indemnitees, which approval shall not be unreasonably withheld, delayed or conditioned. Furthermore, Indemnitors agree to keep ASC and the Indemnitees reasonably informed of the status of each Proceeding, including providing ASC and the Indemnitees with copies of and access to ASCU’s, and any other Indemnitors’, legal counsel’s litigation files as well as providing Indemnitees with copies of all status reports or similar correspondence including, but not limited to, correspondence provided to any insurance carrier or bonding company with an interest in any such Proceeding or litigation. If ASCU fails to proceed promptly and diligently to respond to any such Proceeding as promptly as reasonably possible, including but not limited to failing to provide Indemnitees with notice of any proposed settlement prior to entering into such an agreement, and/or fails to keep Indemnitees reasonably informed of the status of any Proceeding, Indemnitees may send Notice of such failure to ASCU and if such failure is not corrected within 30 days after such Notice, Indemnitees may assume control of such Proceeding at Indemnitors’ sole expense. In the event of such an assumption of control of a Proceeding by Indemnitees, Indemnitees shall not enter into any settlement, consent decree or order without the prior written approval of ASCU, which approval shall not be unreasonably withheld, delayed or conditioned.

  • Litigation and Claims No litigation, claim, investigation, administrative proceeding or similar action (including those for unpaid taxes) against Borrower is pending or threatened, and no other event has occurred which may materially adversely affect Borrower’s financial condition or properties, other than litigation, claims, or other events, if any, that have been disclosed to and acknowledged by Lender in writing.

  • Certain Litigation Matters The Owner Trustee shall provide prompt written notice to the Depositor, the Seller and the Servicer of any action, proceeding or investigation known to the Owner Trustee that could reasonably be expected to adversely affect the Trust or the Owner Trust Estate.

  • Certain Litigation The Company agrees that it ------------------- shall not settle any litigation commenced after the date hereof against the Company or any of its directors by any stockholder of the Company relating to the Offer, the Merger, this Agreement or the Stockholder Agreements, without the prior written consent of Parent. In addition, the Company shall not voluntarily cooperate with any third party that may hereafter seek to restrain or prohibit or otherwise oppose the Offer or the Merger and shall cooperate with Parent and Sub to resist any such effort to restrain or prohibit or otherwise oppose the Offer or the Merger.

  • Notification of litigation The Borrower will provide the Agent with details of any legal or administrative action involving the Borrower, any Security Party, the Approved Manager, any Ship or the Earnings or the Insurances of any Ship as soon as such action is instituted or it becomes apparent to the Borrower that it is likely to be instituted, unless it is clear that the legal or administrative action cannot be considered material in the context of any Finance Document.

  • Defense of Litigation To appear in and defend any action or proceeding that may affect its title to or Secured Party’s interest in the Collateral.

  • ABSENCE OF LITIGATION AND/OR REGULATORY PROCEEDINGS Except as set forth in the SEC Documents, there is no action, suit, proceeding, inquiry or investigation before or by any court, public board, government agency, self-regulatory organization or body pending or, to the knowledge of the executive officers of Company or any of its Subsidiaries, threatened against or affecting the Company, the Common Stock or any of the Company’s Subsidiaries or any of the Company’s or the Company’s Subsidiaries’ officers or directors in their capacities as such, in which an adverse decision could have a Material Adverse Effect.

  • Litigation Matters If the FDIC Party and the Assuming Institution do not agree to submit the Dispute Item to arbitration, the Dispute Item may be resolved by litigation in accordance with Federal or state law, as provided in Section 13.10 of the Purchase and Assumption Agreement. Any litigation shall be filed in a United States District Court in the proper district.

  • Stay of Litigation The Parties agree that upon the execution of this Agreement the litigation shall be stayed, except to effectuate the terms of this Agreement. The Parties further agree that upon the signing of this Agreement that pursuant to CCP section 583.330 to extend the date to bring a case to trial under CCP section 583.310 for the entire period of this settlement process.

  • Dismissal of Litigation Within five (5) days of the Effective Date, Summit, VISX and Pillar Point shall cause all of the Summit/VISX Litigation (as hereinafter defined) to be dismissed with prejudice, with each party to bear its own costs and attorneys' fees. As used herein, "Summit/VISX Litigation" means VISX Partner, Inc. v. Summit Partner, Inc., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. CV 772057; VISX, Incorporated v. Pillar Point Partners, et al., Santx Xxxxx Xxxxxx Xxxxxxxx Court, Case No. 770042; and VISX Partner, Inc., on behalf Pillar Point Partners, United States District Court, District Of Massachusetts, Case No. 96-11739-PBS. The term "Summit/VISX Litigation" includes all counterclaims, cross-claims and the like asserted in the foregoing actions.

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