Insurance and Other Third Party Payments. To the extent that any repair, replacement or restoration costs incurred pursuant to this Section can be recovered from any insurer or from another third party, each party shall assist the other in exercising such rights as it may have to effect such recovery. Each party shall provide the other with copies of all relevant documentation at no cost to the other party, and shall cooperate with and assist the other party upon request by participating in conferences, negotiations and litigation regarding insurance claims.
Insurance and Other Third Party Payments. The Parties shall diligently exercise such rights as they may have to affect recovery of any Loss-and-Expense incurred under this Agreement from insurers and third parties, with any such recovery being proportionately applied to the incurred Loss- and-Expense, including as appropriate, to the restoration or reconstruction of the System.
Insurance and Other Third Party Payments. To the extent that any repair or replacement costs that are incurred pursuant to this Article can be recovered by the Manager from any insurer providing the Required Construction Work Insurance or the Required Operating Period Insurance, or from another third party, the Manager shall exercise with due diligence such rights as it may have to effect such recovery. The Manager shall give prompt written notice to the Authority of the receipt of any such recovery which shall be applied as appropriate to the restoration or reconstruction of the T&D System in accordance with the Bond Resolution. The Manager shall provide the Authority with copies of all documentation, and shall afford the Authority a reasonable opportunity to participate in and, if the Authority so determines, to direct all conferences, negotiations and litigation, regarding insurance claims which materially affect the Authority's interest under this Agreement. All applicable insurance recoveries shall be applied to reducing the cost of restoration or reconstruction.
Insurance and Other Third Party Payments. To the extent that any repair, replacement or restoration costs incurred pursuant to this Section can be recovered by the Company from any insurer providing the Required Insurance, or from another third party, the Company shall exercise with due diligence such rights as it may have to effect such recovery. The Company shall give prompt written notice to the Borough of the receipt of any such recovery. The Company shall keep the Borough timely informed, including providing material documentation, regarding the status and processing of claims for recovery under the Required Insurance, shall afford the Borough a reasonable opportunity to participate in all conferences, negotiations and litigation, regarding insurance claims, and shall prosecute or settle upon reasonable and appropriate terms claims for Borough recovery thereunder with the same diligence as claims for Company recovery.
Insurance and Other Third Party Payments. To the extent that any Wastewater System Modification Costs that are incurred pursuant to this Article can be recovered by the Company from any insurer, or from another third party, the Company shall exercise with due diligence such rights as it may have to effect such recovery. The Company shall give prompt written notice to the Borough of the receipt of any such recovery and such monies shall be immediately paid to the Borough, to be applied as appropriate to the Wastewater System Modification Costs. The Company shall provide the Borough with copies of all documentation, and shall afford the Borough a reasonable opportunity to participate in all conferences, negotiations and litigation, regarding insurance claims which materially affect the Borough’s interest under this Agreement. All applicable insurance recoveries shall be applied as appropriate to the Wastewater System Modification Costs.
Insurance and Other Third Party Payments. To the extent that any repair, replacement or restoration costs incurred pursuant to this Section can be recovered from any insurer or from another third party, each Party shall assist each other in exercising such rights as it may have to effectuate such recovery. Each Party shall provide the other with copies of all relevant documentation, and shall cooperate with and assist the other Party upon request by participating in conferences, negotiations and litigation regarding insurance claims; provided, however, that neither Party shall be obligated pursuant to this Section to provide the other Party with documents subject to the attorney-client privilege under the laws of the States. The parties acknowledge that the Insurance Requirements do not obligate the Contractor to obtain builder’s risk insurance.
Insurance and Other Third Party Payments. To the extent that the costs of any Facility Modification incurred pursuant to this Article can be recovered by either Party from any insurer providing the Required Operating Period Insurance, or from another third party, such Party shall exercise with due diligence such rights as it may have to effect such recovery. Such Party shall give prompt written notice to the other Party of the receipt of any such recovery, shall provide such other Party with copies of all documentation, and shall afford such other Party a reasonable opportunity to participate in all conferences, negotiations and litigation, regarding insurance claims which materially affect such other Party’s interest under this Agreement. Any such insurance recovery shall be applied as appropriate to the restoration or reconstruction of such Facility Modification(s).
Insurance and Other Third Party Payments. To the extent that any repair, replacement or restoration costs incurred pursuant to this Section can be recovered from any insurer or from another third party, the CONTRACTOR shall assist the COUNTY in exercising such rights as it may have to effect such recovery. The CONTRACTOR shall provide the COUNTY with copies of all relevant documentation at no cost to the COUNTY, and shall assist the COUNTY at the COUNTY's request, participating in conferences, negotiations and litigation regarding insurance claims.
Insurance and Other Third Party Payments. To the extent that any Change in Scope costs that are incurred pursuant to this Article can be recovered by the Contractor or the Authority from any insurance or from another third party, the Contractor and the Authority shall exercise with due diligence such rights as either Party may have to affect such recovery.
Insurance and Other Third Party Payments. To the extent that any costs resulting from an Extraordinary Review are incurred by Authority and/or Contractor pursuant to this Article, and can be recovered by the Contractor or the Authority from any insurance provider or from another third party, the Contractor and the Authority shall exercise with due diligence such rights as either Party may have to effect such recovery. Contractor shall provide the Authority with copies of all documentation, and shall afford the Authority a reasonable opportunity to participate in all conferences, negotiations and litigation, regarding insurance claims which materially affect the Authority's interest under this Agreement. All applicable insurance recoveries shall be applied to recoup expenses or costs related to the event or problem which gave rise to the recovery.
