Common use of Insured Claims Clause in Contracts

Insured Claims. Notwithstanding any other provision of this Article 7 to the contrary, in the case of any claim indemnified by the Lessee hereunder which is covered by a policy of insurance maintained by the Lessee pursuant to Section 9 of the Lease or otherwise, it shall be a condition of such indemnity with respect to any particular Indemnitee that such Indemnitee shall cooperate with the insurers in the exercise of their rights to investigate, defend or compromise such claim as may be required to retain the benefits of such insurance with respect to such claim.

Appears in 4 contracts

Samples: Note Purchase Agreement (Midway Airlines Corp), Participation Agreement (Republic Airways Holdings Inc), Participation Agreement (Republic Airways Holdings Inc)

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Insured Claims. Notwithstanding any other provision of this Article 7 to the contrary, in the case of any claim indemnified by the Lessee hereunder which is covered by a policy of insurance maintained by the Lessee pursuant to Section 9 of the Lease or 39 otherwise, it shall be a condition of such indemnity with respect to any particular Indemnitee that such Indemnitee shall cooperate with the insurers in the exercise of their rights to investigate, defend or compromise such claim as may be required to retain the benefits of such insurance with respect to such claim.

Appears in 3 contracts

Samples: Participation Agreement (Republic Airways Holdings Inc), Participation Agreement (Republic Airways Holdings Inc), Participation Agreement (Republic Airways Holdings Inc)

Insured Claims. Notwithstanding any other provision of -------------- this Article 7 to the contrary, in the case of any claim Expense indemnified by the Lessee hereunder which is covered by a policy of insurance maintained by the Lessee (or a Permitted Sublessee) pursuant to Section 9 of the Lease or otherwise, it shall be a condition of such indemnity with respect to any particular Indemnitee that such Indemnitee shall cooperate with the insurers in the exercise of their rights to investigate, defend or compromise such claim as may be required to retain the benefits of such insurance with respect to such claim.

Appears in 2 contracts

Samples: Participation Agreement (Midway Airlines Corp), Participation Agreement (Midway Airlines Corp)

Insured Claims. Notwithstanding any other provision of -------------- this Article 7 to the contrary, in the case of any claim Expense indemnified by the Lessee hereunder which is covered by a policy of insurance maintained by the Lessee (or a Permitted Sublessee) pursuant to Section 9 of the Lease or otherwise, it shall be a condition of such indemnity with respect to any particular Indemnitee that such Indemnitee shall reasonably cooperate with the insurers in the exercise of their rights to investigate, defend or compromise such claim as may be required to retain the benefits of such insurance with respect to such claim.

Appears in 2 contracts

Samples: Supplemental Agreement (Midway Airlines Corp), Participation Agreement (Midway Airlines Corp)

Insured Claims. Notwithstanding any other provision of this Article 7 to the contrary, in the case of any claim indemnified by the Lessee Company hereunder which is covered by a policy of insurance maintained by the Lessee Company pursuant to Section 9 of the Lease or otherwise, it shall be a condition of such indemnity with respect to any particular Indemnitee that such Indemnitee shall cooperate with the insurers in the exercise of their rights to investigate, defend or compromise such claim as may be required to retain the benefits of such insurance with respect to such claim.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

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Insured Claims. Notwithstanding any other -------------- provision of this Article 7 to the contrary, in the case of any claim Expense indemnified by the Lessee hereunder which is covered by a policy of insurance maintained by the Lessee (or Permitted Sublessee) pursuant to Section 9 of the Lease or otherwise, it shall be a condition of such indemnity with respect to any particular Indemnitee that such Indemnitee shall cooperate with the insurers in the exercise of their rights to investigate, defend or compromise such claim as may be required to retain the benefits of such insurance with respect to such claim.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

Insured Claims. Notwithstanding any other -------------- provision of this Article 7 to the contrary, in the case of any claim Expense indemnified by the Lessee Company hereunder which is covered by a policy of insurance maintained by the Lessee Company (or Permitted Lessee) pursuant to Section 9 of the Lease or otherwise, it shall be a condition of such indemnity with respect to any particular Indemnitee that such Indemnitee shall cooperate with the insurers in the exercise of their rights to investigate, defend or compromise such claim as may be required to retain the benefits of such insurance with respect to such claim.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

Insured Claims. Notwithstanding any other provision of -------------- this Article 7 to the contrary, in the case of any claim Expense indemnified by the Lessee hereunder which is covered by a policy of insurance maintained by the Lessee (or a Permitted Sublessee) pursuant to Section 9 of the Lease or otherwise, it shall be a condition of such indemnity with respect to any particular Indemnitee that such each relevant Indemnitee shall cooperate with the insurers in the exercise of their rights to investigate, defend or compromise such claim as may be required to retain the benefits of such insurance with respect to such claim.

Appears in 1 contract

Samples: Participation Agreement (Midway Airlines Corp)

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