Litigation and Insurance Sample Clauses

Litigation and Insurance. ========================
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Litigation and Insurance. YES NO (a) Is there now or has there been any litigation therein alleging negligent construction or defective building products? (b) Has there been any award or payment of money in lieu of repairs for defective building products or poor construction? (c) Has any release been signed regarding defective products or poor construction that would limit a future owner from making any claims? (d) During Seller’s ownership have there been any insurance claims for more than 10% of the value of the Property? (e) Is the Property subject to a threatened or pending condemnation action? (f) How many insurance claims have been filed during Seller’s ownership? 0
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Litigation and Insurance. (a) Except as disclosed in the Company SEC Documents or in the Company Disclosure Letter and except for matters that, individually or in the aggregate, would not reasonably be expected to have a Company Material Adverse Effect, there is no suit, action or proceeding pending or, to the knowledge of the Company, threatened against the Company or any Company Subsidiary, nor is there any Judgment outstanding against the Company or any Company Subsidiary. (b) Section 4.09(b) of the Company Disclosure Letter sets --------------- forth all the insurance policies maintained by, or covering, the Company and the Company Subsidiaries as of the date of this Agreement. All the policies listed on Section 4.09(b) of the Company Disclosure Letter are in full force --------------- and effect and, to the Company's knowledge, no written notice of cancellation of any such policies have been received by the Company or the Company Subsidiaries. Section 4.09(a) of the Company Disclosure Letter --------------- includes a copy of the most recent version of the Company's regularly-maintained pending litigation and claims schedule. With respect to each matter listed on such schedule, Section 4.09(a) of the Company --------------- Disclosure Letter sets forth the Company's insurance coverage and policy limits applicable to such matter and the amount, if any, of the reserve relating to such matter to be set forth or reflected in the Company's consolidated balance sheet as of December 31, 2004.
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Litigation and Insurance. 20 Section 4.10 Taxes.................................................20
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Litigation and Insurance. Other than as described below in Subsection 7(c), there are no actions, lawsuits or proceedings pending or threatened against the Seller in law or in equity, or before any governmental agency that, if determined adversely to the Seller, would affect the Assets being sold hereunder or the Business. Seller maintains general liability insurance on the Assets through The Bingo Company, which shall remain in effect through the Closing Date. After the Closing Date, Buyer shall maintain insurance on the Assets.
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Litigation and Insurance. The Company shall not and no Subsidiary shall: 7.1 commence or enter into, or settle, compromise, release, discharge or compound, or waive any right in relation to, any litigation (including arbitration proceedings); or 7.2 permit any of its insurances to lapse or knowingly do (or omit to do) anything which would make any of its insurance void or voidable or fail to notify any insured claim of which the Company becomes aware, in accordance with the provisions of the relevant policy of insurance or settle any such claim materially below the amount claimed.
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Litigation and Insurance 
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Related to Litigation and Insurance

  • Indemnification and Insurance 9.1.1 The Company shall to the fullest extent permitted under applicable Law or its Organizational Documents, indemnify and hold harmless, each present and former director, officer or employee of the Company (collectively, the “Company Indemnified Parties”) against any costs or expenses (including attorneys’ fees), judgments, fines, losses, claims, damages, liabilities and amounts paid in settlement in connection with any Proceeding (x) arising out of or pertaining to the transactions contemplated by this Agreement or (y) otherwise with respect to any acts or omissions occurring at or prior to the Closing Date (“Company Damages”), to the same extent as provided in the Company’s Organizational Documents or any applicable contract or agreement as in effect on the date hereof, in each case for a period of two years after the Closing Date. In the event of any such Proceeding (whether arising before or after the Closing Date), (i) any counsel retained by the Company Indemnified Parties for any period after the Closing Date shall be reasonably satisfactory to the Company, (ii) after the Closing Date, the Company shall pay the reasonable fees and expenses of such counsel, promptly after statements therefor are received, provided that the Company Indemnified Parties shall be required to reimburse the Company for such payments in the circumstances and to the extent required by the Company’s Organizational Documents, any applicable contract or agreement or applicable Law, and (iii) the Company will cooperate in the defense of any such matter; provided, however, that the Company shall not be liable for any settlement effected without its written consent (which consent shall not be unreasonably withheld); and provided, further, that, in the event that any claim or claims for indemnification are asserted or made within such one (1) year period, all rights to indemnification in respect of any such claim or claims shall continue until the disposition of any and all such claims. The Company Indemnified Parties as a group may retain only one law firm to represent them in each applicable jurisdiction with respect to any single action unless there is, under applicable standards of professional conduct, a conflict on any significant issue between the positions of any two or more Company Indemnified Parties, in which case each Company Indemnified Person with respect to whom such a conflict exists (or group of such Company Indemnified Persons who among them have no such conflict) may retain one separate law firm in each applicable jurisdiction. 9.1.2 This Section 9.1 shall survive the consummation of the transactions contemplated by this Agreement upon execution, is intended to benefit the Company Indemnified Parties, shall be binding on all successors and assigns of he Company and shall be enforceable by the Company Indemnified Parties.

  • BONDS AND INSURANCE 10.1 The Contractor shall provide performance and payment bonds on forms prescribed by Owner and in accordance with the requirements set forth in the UTUGCs. The penal sum of the payment and performance bonds shall be equal to the Contract Sum. 10.2 The Contractor shall not commence work under the Agreement until it has obtained all insurance coverage as required by the UTUGCs and until evidence of the required insurance has been reviewed and approved by the Owner. Owner’s review of the insurance shall not relieve nor decrease the liability of the Contractor. 10.3 In the event that the Owner does implement an Owner Controlled Insurance Program (OCIP) for this Project, the Contractor shall refer to the OCIP specification for a complete listing of coverages provided by the OCIP. Any coverages required by the UTUGCs that is not provided through the OCIP shall be provided by the Contractor.

  • LIABILITY AND INSURANCE Compensation Insurance. The Contractor shall maintain workers’ compensation insurance as required under the Florida Workers’ Compensation Law or the workers’ compensation law of another jurisdiction where applicable. The Contractor must require all subcontractors to similarly provide workers’ compensation insurance for all of the latter’s employees. In the event work is being performed by the Contractor under the Contract and any class of employees performing the work is not protected under Workers’ Compensation statutes, the Contractor must provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of employees not otherwise protected.

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