Litigation Management. Service Company will (i) manage and direct the defense of all claims, actions, proceedings, or investigations against P.C. or any of its officers, directors or employees in their capacity as such, and (ii) manage and direct the initiation and prosecution of all claims, actions, proceedings or investigations brought by P.C. against any person other than the Service Company.
Litigation Management. Manager shall (a) manage and direct (subject to any malpractice insurance policies or requirements) the general defense of all claims, actions, proceedings or investigations against Practice or any of its officers, directors, employees or agents in their capacity as such and arising out of or related to the operation of Practice, and (b) manage and direct the initiation and prosecution of all claims, actions, proceedings or investigations brought by Practice against any person other than Manager with respect to the operation of Practice.
Litigation Management. Any litigation related solely to a single Mortgage Loan and incidental to the Subservicer’s servicing obligations hereunder (other than litigation between or among the Owner/Servicer, on the one hand, and the Subservicer, on the other hand) shall be managed by the Subservicer or its counsel on behalf of the Owner/Servicer or the Investor, as applicable, such as foreclosure, evictions, quiet title and bankruptcy filings, at the Subservicer’s internal expense with respect to administration of such litigation (excluding, however, third party costs such as reasonable out-of-pocket attorneys’ fees and expenses for which the Owner/Servicer shall remain responsible and which shall be a Servicing Advance hereunder) unless reimbursed from a third party pursuant to Applicable Requirements. Any and all such proceedings described in this paragraph shall be taken by the Subservicer in its own name on behalf of the Owner/Servicer or the Investor, as applicable. At any time subsequent to the Effective Date, the parties may mutually agree to specific litigation protocols for the purpose of managing litigation relating to the Mortgage Loans.
Litigation Management. Insurer shall control litigation arising out of claims adjudicated by Third Party Administrator under this Agreement.
Litigation Management. Any litigation related solely to a single Mortgage Loan and incidental to the Seller’s servicing obligations hereunder (other than litigation between or among any Purchaser, on the one hand, and the Seller, on the other hand) shall be managed by the Seller or its counsel on behalf of the Investor such as foreclosure, evictions, quiet title and bankruptcy filings, at the Seller’s internal expense with respect to administration of such litigation (excluding, however, third party costs such as reasonable out-of-pocket attorneys’ fees and expenses for which Holdings shall remain responsible and which shall be a Servicing Advance hereunder) unless reimbursed from a third party pursuant to Applicable Requirements. Any and all such proceedings described in this paragraph shall be taken by the Seller in its own name on behalf of the Investor. At any time subsequent to the Effective Date, the parties may mutually agree to specific litigation protocols for the purpose of managing litigation relating to the Mortgage Loans.
Litigation Management. Manager will manage and direct the defense of all claims, actions, proceedings or investigations against Practice, its Physicians and Physician Extenders, or any of its officers or directors in their capacity as such; provided that such services will only be available with respect to claims arising from actions taken or inaction occurring on or after the Effective Date. Manager also will manage and direct the initiation and prosecution of all such claims, actions, proceedings or investigations brought by Practice against any Person other than Manager. Notwithstanding the foregoing, Manager's responsibilities in this regard shall be limited such that all material decisions regarding any claims, actions, proceedings or investigations, and the hiring and retention of counsel to handle same, shall be made in conjunction with, or pursuant to policies established in conjunction with, Practice.
Litigation Management. Any litigation related solely to a single Mortgage Loan and incidental to the Subservicer’s servicing obligations hereunder (other than litigation between or among the Owner/Servicer, on the one hand, and Subservicer, on the other hand) shall be managed by the Subservicer or its counsel on behalf of the Owner/Servicer, such as foreclosure, evictions, quiet title and bankruptcy filings, at the Subservicer’s internal expense with respect to administration of such litigation (excluding, however, third party costs such as reasonable out-of-pocket attorney’s fees and expenses for which the Owner/Servicer shall remain responsible and which shall be a Servicing Advance hereunder). Any and all such proceedings described in this paragraph shall be taken by the Subservicer in its own name on behalf of the Owner/Servicer. The parties shall manage litigation relating to other Mortgage Loans in accordance with the Litigation Protocol attached hereto as Exhibit K. The Subservicer and the Owner/Servicer agree that Exhibit K will be finalized and attached hereto within ten (10) Business Days of the date hereof without any further action by the parties. The Subservicer shall deliver on the first (1st) Business Day of each month a report describing all litigation managed by the Subservicer on behalf of the Owner/Servicer. In addition to the other reports the Subservicer is providing under this Agreement, the Subservicer shall provide the Owner/Servicer, no later than the Reporting Date (or such other applicable deadline, as specified below), the following litigation-related reports: (i) results of periodic foreclosure firm audits, (ii) results of monthly scorecards of foreclosure and bankruptcy firms, including peer comparisons, (iii) changes in scorecarding methodology, (iv) changes in Subservicer’s foreclosure checklist or other foreclosure practices, (v) annual certification that each foreclosure firm is approved by the Agencies and (vi) monthly reports summarizing litigation, foreclosure and bankruptcy activity (volume, new, resolved, costs/expenses projections, etc.).
Litigation Management. Management of litigation shall include evaluation of claims, assignment of qualified attorneys to represent the Member, monitoring of the litigation, providing periodic status and evaluation reports to the Executive Director, aid in promoting and evaluating risk management, and recommending reserves for claims in litigation.
Litigation Management. (a) The Company shall provide the defense for all Litigation (other than Litigation arising from or related to acts, errors or omissions of the Reinsurer in the conduct of its responsibilities hereunder which shall be the responsibility of Reinsurer), including the Litigation listed on Schedule L ("Existing Litigation") at the Company's sole cost, including, but not limited to, the costs of attorneys, expert witnesses and other expenses. The conduct of such defense, including the approval of any settlement or compromise shall be within the sole control of the Company; provided, however, that any terms of any such settlement or compromise that require an enhancement of policy provisions or other changes in the terms of the Reinsured Policies ("Policy Enhancement") or modification in the administration of the Reinsured Policies shall be subject to the prior written consent of Reinsurer, which consent shall not be unreasonably withheld or delayed. Reinsurer agrees to consider, in good faith, any potential settlement or compromise proposed by the Company that includes payment by the Company to the Reinsurer of the reasonable cost associated with any changes or modifications in the administration of the Reinsured Policies.
(b) Reinsurer shall afford to the Company and its representatives, reasonable access and duplicating rights during normal business hours to all information, including, without limitation, all Books and Records within its possession, custody or control relating to the Reinsured Policies insofar as such access is reasonably required by the Company in connection with the Existing Litigation or litigation which may arise or be threatened with respect to Reinsured Policies (collectively referred to as "Litigation").
(c) Reinsurer shall make available to the Company, upon written request, its officers, employees, agents and representatives as witnesses to the extent that any such person may reasonably be required in connection with the defense and/or settlement of Litigation.
(d) Except as otherwise required by law or agreed in writing, Reinsurer shall retain and shall not alter any information transferred by the Company to Reinsurer's possession or control relating to the Reinsured Policies, including, but not limited to, paper documents, microfiche, microfilm and electronic systems and/or data created by Reinsurer during its administration of the Reinsured Policies, which are or may be relevant to the Litigation (referred to collectively as "Liti...
