Common use of Dealing with Claims Clause in Contracts

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.

Appears in 2 contracts

Samples: Finance Lease, Finance Lease

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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) Claim 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 doesn’t 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) money the amount the Indemnifier paid the Beneficiary for the Claim.

Appears in 1 contract

Samples: Call Off Contract

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) Claim ● 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 cannot 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 doesn’t 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) money ● the amount the Indemnifier paid the Beneficiary for the Claim.

Appears in 1 contract

Samples: Award Form

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Dealing with Claims. 26.1 28.1 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 28.2 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) Claim give the Indemnifier reasonable assistance with the claim if requested. 26.3 28.3 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 28.4 The Indemnifier must consider and defend the Claim diligently using competent legal advisors and in a way that does not doesn’t damage the Beneficiary’s reputation. 26.5 28.5 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 28.6 Each Beneficiary must take all reasonable steps to minimise and mitigate any losses that it suffers because of the Claim. 26.7 28.7 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) money the amount the Indemnifier paid the Beneficiary for the Claim.

Appears in 1 contract

Samples: Framework Agreement

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