INSURED'S ASSISTANCE AND CO-OPERATION Sample Clauses

INSURED'S ASSISTANCE AND CO-OPERATION. It is a condition precedent to Company's liability that: (a) The Company shall have the right and the duty to conduct, in the name of and with the co-operation of the insured and whether directly or through the Company's agents, the investigation, defence or settlement of any claim and to represent the insured in any legal or other forum in respect of that claim. Any amount incurred by or on behalf of the Company on behalf of the insured shall form part of the defence expenses. (b) The insured does not incur any defence expenses, admit liability for or attempt to settle, make any admission, offer any payment or otherwise assume any contractual obligation with respect to any claim without the Company's prior written consent, such consent not to be unreasonably withheld. The Company shall not be liable for any defence expenses, settlement, admission, offer, payment, or assumed obligation to which they have not previously consented in writing. (c) The insured shall use due diligence and ensure that all reasonable and practicable steps are taken to avoid or diminish any liability which may give rise to or has given rise to a claim. The Company will not settle any claim without the insured’s consent, but if the insured refuses to consent to any settlement or compromise recommended by the Company or its agents and acceptable to the claimant and elects by its conduct or otherwise to contest the claim then the Company's liability shall not exceed the amount for which the Company would have been liable if the claim had been so settled or compromised when and as so recommended, and the Company shall have the right to withdraw from the claim by tendering control of it to the insured. The Company shall not be obliged to make any payments under this policy or to undertake or continue with the defence or settlement of any claim once the Company's Limits of Liability have been exhausted by the making of any earlier payments in respect of damages or defence expenses, and in such a case the Company shall have the right to withdraw from the claim by tendering control of it to the insured.
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Related to INSURED'S ASSISTANCE AND CO-OPERATION

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