Dealing with Claims. 27.1 If a Beneficiary becomes aware of any Claim, then it must notify the Indemnifier as soon as reasonably practical.
27.2 at the Indemnifier’s cost the Beneficiary must:
27.2.1 allow the Indemnifier to conduct all negotiations and proceedings to do with a Claim;
27.2.2 give the Indemnifier reasonable assistance with the Claim if requested; and
27.2.3 not make admissions about the Claim without the prior written consent of the Indemnifier which cannot be unreasonably withheld or delayed.
Dealing with Claims. 34.1 If the Buyer is notified of a Claim then it must notify the Supplier as soon as reasonably practicable and no later than 10 Working Days.
34.2 At the Supplier’s cost the Buyer must both:
34.2.1 allow the Supplier to conduct all negotiations and proceedings to do with a Claim; and
34.2.2 give the Supplier reasonable assistance with the Claim if requested.
34.3 The Buyer must use all reasonable endeavours to minimise and mitigate any losses that it suffers because of the Claim.
Dealing with Claims. Commence, defend, adjust or settle suits, administrative or legal proceedings in connection with the Trust Fund, and represent the Trust Fund in any such suits, administrative or legal proceedings and keep the Company informed; provided, however, that the Trustee shall not be obliged or required to do so unless it has first been indemnified by the Company at the Company's expense to the Trustee's satisfaction against all expenses and liabilities which it may incur as a result thereof, except where such suits, administrative or legal proceedings directly result from a breach by the Trustee of the Standard of Care.
Dealing with Claims. 26.1 If a Beneficiary is notified of a Claim then it must notify the Indemnifier as soon as reasonably practical and no later than 10 Working Days.
26.2 At the Indemnifier’s cost the Beneficiary must both:
(a) allow the Indemnifier to conduct all negotiations and proceedings to do with a Claim; and
(b) give the Indemnifier reasonable assistance with the claim if requested.
26.3 The Beneficiary must not make admissions about the Claim without the prior written consent of the Indemnifier which can not be unreasonably withheld or delayed.
26.4 The Indemnifier must consider and defend the Claim diligently using competent legal advisors and in a way that does not damage the Beneficiary’s reputation.
26.5 The Indemnifier must not settle or compromise any Claim without the Beneficiary's prior written consent which it must not unreasonably withhold or delay.
26.6 Each Beneficiary must take all reasonable steps to minimise and mitigate any losses that it suffers because of the Claim.
26.7 If the Indemnifier pays the Beneficiary money under an indemnity and the Beneficiary later recovers money which is directly related to the Claim, the Beneficiary must immediately repay the Indemnifier the lesser of either:
(a) the sum recovered minus any legitimate amount spent by the Beneficiary when recovering this money; or
(b) the amount the Indemnifier paid the Beneficiary for the Claim.
Dealing with Claims. Settle, compromise or submit to arbitration any claims, debts or damages due or owing to or from the Trust and commence or defend suits or legal or administrative proceedings and represent the Trust in all suits and legal and administrative proceedings in any court or before any other body or tribunal as the Trustee shall deem necessary to protect the Fund, provided that the Trustee shall not be obligated to do so until it has first been indemnified by the Contributor to its reasonable satisfaction against any fees and expenses or liabilities which it may incur as a result thereof. Except as expressly provided in this section 6.1, the powers described in this section 6.1 may be exercised by the Trustee with or without a Contributor Direction, Beneficiary Direction or Investment Instruction, but where the Trustee acts strictly in accordance with a Contributor Direction, Beneficiary Direction or Investment Instruction, the Trustee shall be relieved of liability as described in section 6.6.
Dealing with Claims. Settle, compromise or submit to arbitration any claims, debts or damages due or owing to or from the Trust and commence or defend suits or legal or administrative proceedings and represent the Trust in all suits and legal and administrative proceedings in any court or before any other body or tribunal as the Trustee shall deem necessary to protect the Fund, provided that the Trustee shall not be obligated to do so until it has first been indemnified by the Company to its reasonable satisfaction against any fees and expenses or liabilities which it may incur as a result thereof. For greater certainty, funds to be used for the indemnification of the Trustee shall not be paid out of the Trust Fund. Except as expressly provided in this section 6.1, the powers described in this section 6.1 may be exercised by the Trustee with or without consultation with the Company.
Dealing with Claims. (a) On receipt of a Claim Notice under clause 11.1, the Receiving Party will have 45 days (Consideration Period) to evaluate the Claim and the circumstances around it.
(b) The Receiving Party must give the Claimant Party a written notice before the end of the Consideration Period if it disputes the Claim setting out:
(i) in reasonable detail the reason why the Receiving Party disputes the Claim Notice; and
(ii) the monetary amount (if any) admitted by the Receiving Party as owing to the Claimant Party for the Loss incurred or estimated to be incurred in respect of that Claim, (Claim Dispute Notice).
(c) If the Receiving Party does not give the Claimant Party a Claim Dispute Notice within the Consideration Period, then the Receiving Party (and any other Boral Group Member or USG Group Member, as the case may be, against which the relevant Claim has been made) will be taken to have admitted the full Claim Amount that is the subject of the Claim Notice.
(d) If the Receiving Party gives the Claimant Party a Claim Dispute Notice within the Consideration Period that disputes the whole or part of the Claim Amount, then clause 11.3 applies.
(e) The Receiving Party (and any other Boral Group Member or USG Group Member, as the case may be, against which the relevant Claim has been made) is taken to have admitted any part (or the entirety) of the Claim Amount that is not disputed in the Claim Notice.
Dealing with Claims. Commence, defend, adjust or settle suits, administrative or legal proceedings in connection with the Trust Fund, and represent the Trust Fund in any such suits, administrative or legal proceedings and keep the Primary Beneficiary informed; provided, however, that the Trustee shall not be obliged or required to do so unless it has first been indemnified to its satisfaction against all expenses and liabilities sustained or anticipated by the Trustee by reason thereof, except where such suits, administrative or legal proceedings directly result from a breach by the Trustee of the Standard of Care.
Dealing with Claims. 28.1 If the Buyer becomes aware of any Claim, the Buyer must:
(a) notify the Supplier as soon as reasonably practical becoming aware of a Claim;
(b) at the Supplier’s cost, allow the Supplier to conduct all negotiations and proceedings to do with a Claim;
(c) at the Supplier’s cost, give the Supplier reasonable assistance with the Claim if requested; and
(d) not make admissions about the Claim without the prior written consent of the Supplier which cannot be unreasonably withheld or delayed.
Dealing with Claims. Settle, compromise or submit to arbitration any claims, debts or damages due or owing to or from the Fund and commence or defend suits or legal or administrative proceedings and represent the Fund in all suits and legal and administrative proceedings in any court or before any other body or tribunal as the Trustee shall deem necessary to protect the Fund provided that the Trustee shall not be obligated to do so until it has first been indemnified by the Administrator to its reasonable satisfaction against any fees and expenses or liabilities which it may incur as a result thereof.
