Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to regulate the commencement, defense, intervention, or participation in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution, or other appearances of the Cooperative in any litigation, claim or dispute which arises from the services provided by the Cooperative on behalf of its members, collectively or individually. Neither this provision nor any other provision in this Agreement will create a legal duty for the Cooperative to provide a defense or prosecute a claim; rather, the Cooperative may exercise this right in its sole discretion and to the extent permitted or authorized by law. The Cooperative Member shall reasonably cooperate and supply any information necessary or helpful in such prosecution or defense. Subject to specific revocation, the Cooperative Member hereby designates the Cooperative to act as a class representative on its behalf in matters arising out of this Agreement.
Defense and Prosecution of Claims. The ESC shall not be responsible or obligated to defend any claims against the Member or prosecute any claims on behalf of the Member.
Defense and Prosecution of Claims. The Energy Cooperative Member authorizes the Energy Cooperative to regulate the commencement, defense, intervention, or participation in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution, or other appearances of the Energy Cooperative in any litigation, claim or dispute which arises from the services provided by the Energy Cooperative on behalf of its members, collectively or individually. Neither this provision nor any other provision in this Agreement will create a legal duty for the Energy Cooperative to provide a defense or prosecute a claim; rather, the Energy Cooperative may exercise this right in its sole discretion and to the extent permitted or authorized by law. The Energy Cooperative Member shall reasonably cooperate and supply any information necessary or helpful in such prosecution or defense. Subject to specific revocation, the Energy Cooperative Member hereby designates the Energy Cooperative to act as a class representative on its behalf in matters arising out of this Agreement. However, nothing herein shall preclude the Energy Cooperative Member from pursuing, either independently or in conjunction with the Energy Cooperative, a claim against an Energy Services Vendor with whom the Member has a contractual agreement that was entered into through an Energy Cooperative program.
Defense and Prosecution of Claims. The TEC Member authorizes the mediation, or any other form of alternative dispute resolution, or other appearance of the TEC and / or any past or current TEC Member in litigation, claim or dispute, and to engage counsel and appropriate experts, in the TEC’s sole discretion, with respect to such litigation, claim or disputes. The TEC Member does hereby agree that any suit brought against the TEC or a TEC Member may be defended in the name of the TEC or the Member by the counsel selected by the TEC, in its sole discretion, or its designee, on behalf of and at the expense of the TEC as necessary for the prosecution of any litigation. Full cooperation by the TEC Member shall be extended to supply any information needed or helpful in such prosecution or defense. Subject to specific revocation, the TEC Member hereby designates the TEC to act as a class representative on its behalf in matters arising out of this Agreement.
Defense and Prosecution of Claims. The Member authorizes the Consortium to regulate the commencement, defense, intervention, or participation in a judicial, administrative, or other governmental proceeding, or in an arbitration, mediation, or any other form of alternative dispute resolution, or other appearances of the Consortium in any litigation, claim or dispute which arises from the services provided by the Consortium on behalf of its Members, collectively or individually. Neither this provision nor any other provision in this Participation Agreement will create a legal duty for the Consortium to provide a defense or prosecute a claim; rather, the Consortium may exercise this right in its sole discretion and to the extent permitted or authorized by law. The Member shall reasonably cooperate and supply any information necessary or helpful in such prosecution or defense. Subject to specific revocation, the Member hereby designates the Consortium to act as a class representative on its behalf in matters arising out of this Participation Agreement.
Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to handle the commencement, defense, intervention, or participation in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution, or other appearances of the Cooperative (as an entity) in any litigation, claim or dispute which arises from the services provided by the Cooperative. Neither this provision nor any other provision in this Agreement will create a legal duty for the Cooperative to provide a defense or prosecute a claim; rather, the Cooperative may exercise this right in its sole discretion and to the extent permitted or authorized by law. The Cooperative Member shall reasonably cooperate and supply any information necessary or helpful in such prosecution or defense. Subject to specific revocation, the Cooperative Member hereby designates the Cooperative to act as a class representative on its behalf in matters arising out of this Agreement and pertaining to the collective or predominant interest of Cooperative Members. Nothing herein grants the Cooperative any rights to file, defend, or settle any claim on behalf of the Cooperative Member in its individual capacity.
Defense and Prosecution of Claims. The Program Member authorizes Goodbuy to regulate the commencement, defense, intervention, or participate in a judicial, administrative, or other governmental proceedings or in an arbitration, mediation, or any other form of alternative dispute resolution, or other appearances of Goodbuy and/or any past or current Program Member in any litigation, claim or dispute, and to engage counsel and appropriate experts, at the Program’s sole discretion, with respect to such litigation, claims or disputes. The Program Member does hereby agree that any suit brought against Goodbuy or a Program Member may be defended in the name of Goodbuy or the Member by the counsel selected by Goodbuy, at its sole discretion, or its designee, on behalf of and at the expense of Xxxxxxx as necessary for the prosecution of any litigation. The Texas School Law Bulletin, 2012 Edition - page 33, Section 8.006 Immunity from Liability: An employee or volunteer of a regional education service center is immune from liability to the same extent as an employee or volunteer of a school district (added by Acts 1997 - 75th leg. ch.268, 1 eff. May 26, 1997). Full cooperation by the Program Member shall be extended to supply any information needed or helpful in such prosecution or defense. Subject to specific revocation, the Program Member hereby designates Goodbuy to act as a class representative on its behalf in matters rising out of this Agreement.
Defense and Prosecution of Claims. The CE authorizes the Fiscal Agent, only with respect to matters arising out of or contemplated by this Membership Agreement: (1) to control the commencement, defense, intervention or participation in a judicial, administrative or other governmental proceeding; (2) to represent the R10MRPC in an arbitration, mediation, or any other form of alternative dispute resolution; (3) to represent the R10MRPC in any other appearance necessary to protect the rights of the R10MRPC relating to actions concerning any past or current CE, including any appearances and actions in litigation, claim or dispute; and (4) to engage legal counsel and appropriate experts that, in the Fiscal Agent’s sole discretion, will assist with such defense or prosecution of any action or claim in matters arising out of this Membership Agreement. The CE does hereby agree that any suit brought against R10MRPC, the Fiscal Agent, or a R10MRPC or Fiscal Agent employee or agent may be defended in the name of R10MRPC, Region 10 Education Service Center, or the CE by the counsel selected by the Fiscal Agent, in its sole discretion, or its designee, on behalf of and at the expense of the R10MRPC as necessary for the prosecution or defense of any litigation or claim. Full cooperation by the CE shall be extended to supplying any information needed or requested by the Fiscal Agent or R10MRPC in such prosecution or defense. Subject to specific revocation, the CE hereby designates the Fiscal Agent to act as a class representative on its behalf in matters arising out of this Membership Agreement.
Defense and Prosecution of Claims. The Member authorizes the Program to engage counsel and/or relevant experts, in the Program’s sole discretion, with respect to any claim, dispute, defense or litigation involving any past or current Member.
Defense and Prosecution of Claims. The Cooperative Member authorizes Goodbuy to regulate the commencement, defense, intervention, or participate in a judicial, administrative, or other governmental proceedings or in an arbitration, mediation, or any other form of alternative dispute resolution, or other appearances of Goodbuy and/or any past or current Cooperative Member in any litigation, claim or dispute, and to engage counsel and appropriate experts, at the Cooperative’s sole discretion, with respect to such litigation, claims or disputes. The Cooperative Member does hereby agree that any suit brought against Goodbuy or a Cooperative Member may be defended in the name of Goodbuy or the Member by the counsel selected by Goodbuy, at its sole discretion, or its designee, on behalf of and at the expense of Goodbuy as necessary for the prosecution of any litigation. The Texas School Law Bulletin, 2012 Edition - page 33, Section 8.006 Immunity from Liability: An employee or volunteer of a regional education service center is immune from liability to the same extent as an employee or volunteer of a school district (added by Acts 1997 - 75th leg. ch.268, 1 eff. May 26, 1997). Full cooperation by the Cooperative Member shall be extended to supply any information needed or helpful in such prosecution or defense. Subject to specific revocation, the Cooperative Member hereby designates Goodbuy to act as a class representative on its behalf in matters rising out of this Agreement.
