Common use of Failure to Defend Clause in Contracts

Failure to Defend. If Seller fails to assume the defense of a claim meriting indemnification, NYSERDA may at the expense of Seller contest, settle or pay such claim, and Seller shall promptly reimburse NYSERDA for all costs reasonably incurred and documented by NYSERDA associated therewith.

Appears in 17 contracts

Samples: Standard Form Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Build Ready Standard Form Agreement

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Failure to Defend. If Seller Xxxxxx fails to assume the defense of a claim meriting indemnification, NYSERDA may at the expense of Seller contest, settle or pay such claim, and Seller shall promptly reimburse NYSERDA for all costs reasonably incurred and documented by NYSERDA associated therewith.

Appears in 8 contracts

Samples: Renewable Energy Standard Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Purchase and Sale Agreement

Failure to Defend. If Seller fails to assume the defense of a claim meriting indemnification, NYSERDA may at the expense of Seller contest, settle or pay such claim, and Seller shall promptly reimburse NYSERDA for all costs reasonably incurred and documented by NYSERDA associated therewith.

Appears in 3 contracts

Samples: Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Standard Form Purchase and Sale Agreement

Failure to Defend. If Seller fails to assume the defense of a claim meriting indemnification, NYSERDA may at the expense of Seller contest, settle or pay such claim, and Seller shall promptly reimburse NYSERDA for all costs reasonably incurred and documented by NYSERDA associated therewith.. 41

Appears in 2 contracts

Samples: Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement, Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement

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Failure to Defend. If Seller fails Sellxx xxxls to assume the defense of a claim meriting indemnification, NYSERDA may at the expense of Seller contest, settle or pay such claim, and Seller shall promptly reimburse NYSERDA for all costs reasonably incurred and documented by NYSERDA associated therewith.

Appears in 1 contract

Samples: Offshore Wind Renewable Energy Certificate Purchase and Sale Agreement

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