Common use of Notice and Settlement of Claims Clause in Contracts

Notice and Settlement of Claims. A Party seeking the benefit of an indemnity under this Article 15 shall give the other Party written notice of any claim giving rise to the indemnity promptly after such Party learns of the same. The indemnifying Party may, at its own cost, conduct negotiations for the settlement of such claim and any litigation that may arise therefrom. The Party claiming the benefit of the indemnity shall not make any admission that might be prejudicial to the indemnifying Party unless the indemnifying Party fails to take over the conduct of the negotiations or litigation within a reasonable time after having been so requested. The indemnifying Party shall not settle any indemnified claim without the indemnified Party’s prior written approval (not to be unreasonably withheld or delayed). The Party claiming the benefit of the indemnity shall, at the request of the other Party, provide reasonable assistance for the purpose of contesting any such claim or action, and shall be paid all reasonable costs incurred in doing so and shall have the right to have its own counsel, at its expense, participate in the defense and negotiation of the claim or action.

Appears in 3 contracts

Samples: Construction Contract (Us Geothermal Inc), Engineering, Procurement and Construction Contract (Us Geothermal Inc), Engineering, Procurement and Construction Contract (Us Geothermal Inc)

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Notice and Settlement of Claims. A Party seeking the benefit of an indemnity under this Article 15 ARTICLE 14 shall give the other Party written notice of any claim giving rise to the indemnity promptly after such Party learns of the same. The indemnifying Party may, at its own cost, conduct negotiations for the settlement of such claim and any litigation that may arise therefrom. The Party claiming the benefit of the indemnity shall not make any admission that might be prejudicial to the indemnifying Party unless the indemnifying Party fails to take over the conduct of the negotiations or litigation within a reasonable time after having been so requested. The indemnifying Party shall not settle any indemnified claim without the indemnified Party’s prior written approval (not to be unreasonably withheld or delayed). The Party claiming the benefit of the indemnity shall, at the request of the other Party, provide reasonable assistance for the purpose of contesting any such claim or action, and shall be paid all reasonable costs incurred in doing so and shall have the right to have its own counsel, at its expense, participate in the defense and negotiation of the claim or action.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Contract, Engineering, Procurement and Construction Contract (Clean Coal Technologies Inc.)

Notice and Settlement of Claims. A Party party seeking the benefit of an indemnity under this Article 15 shall give the other Party written party prompt notice of any claim giving rise to the indemnity promptly after such Party learns of the sameindemnity. The indemnifying Party may, other party may at its own cost, cost conduct negotiations for the settlement of such claim and any litigation that may arise therefromthere from. The Party party claiming the benefit of the indemnity shall not make any admission that which might be prejudicial to the indemnifying Party other party unless the indemnifying Party other party fails to take over the conduct of the negotiations or litigation within a reasonable time after having been so requested. The indemnifying Party shall other party may not, however, conduct such negotiations or litigation before it has given the party claiming the benefit of the indemnity a reasonable security in circumstances where the party claiming the benefit of the indemnity does not settle any indemnified claim without the indemnified Party’s prior written approval (not to be unreasonably withheld or delayed)possess such reasonable security. The Party security shall be for an amount which is an assessment of the compensation, damages, expenses and costs for which the party claiming the benefit of the indemnity may become liable and which are the subjects of the indemnity under this Article 17. The party claiming the benefit of the indemnity shall, at the request of the other Partyparty, provide reasonable all available assistance for the purpose of contesting any such claim or action, and shall be paid all reasonable costs incurred in doing so and shall have the right to have its own counsel, at its expense, participate in the defense and negotiation of the claim or actionso.

Appears in 2 contracts

Samples: Engineering, Procurement and Construction Contract (Ormat Technologies, Inc.), Engineering, Procurement and Construction Contract (Ormat Technologies, Inc.)

Notice and Settlement of Claims. A Party seeking the benefit of an indemnity under this Article 15 shall give the other Party written notice of any claim giving rise to the indemnity promptly after such Party learns of the same. The indemnifying Party may, at its own cost, conduct negotiations for the settlement of such claim and any litigation that may arise therefrom. The Party claiming the benefit of the indemnity shall not make any admission that might be prejudicial to the indemnifying Party unless the indemnifying Party fails to take over the conduct of the negotiations or litigation within a reasonable time after having been so requested. The indemnifying Party shall not settle any indemnified claim without the indemnified Party’s prior written approval (not to be unreasonably withheld or delayed). The Party claiming the benefit of the indemnity shall, at the request of the other Party, provide reasonable assistance for the purpose of contesting any such claim or action, and shall be paid all reasonable costs incurred in doing so and shall have the right to have its own counsel, at its expense, participate in the defense and negotiation of the claim or action.. Raft River Pipeline Contract 05/22/06

Appears in 1 contract

Samples: Construction Contract (Us Geothermal Inc)

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Notice and Settlement of Claims. A Party seeking the benefit of an indemnity under this Article Section 15 shall give the other Party written notice of any claim giving rise to the indemnity promptly after such Party learns of the same. The indemnifying Party may, at its own cost, conduct negotiations for the settlement of such claim and any litigation that may arise therefrom. The Party claiming the benefit of the indemnity shall not make any admission that might be prejudicial to the indemnifying Party unless the indemnifying Party fails to take over the conduct of the negotiations or litigation within a reasonable time after having been so requested. The indemnifying Party shall not settle any indemnified claim without the indemnified Party’s 's prior written approval (not to be unreasonably withheld or delayed). The Party claiming the benefit of the indemnity shall, at the request of the other Party, provide reasonable assistance for the purpose of contesting any such claim or action, and shall be paid all reasonable costs incurred in doing so and shall have the right to have its own counsel, at its expense, participate in the defense and negotiation of the claim or action.

Appears in 1 contract

Samples: Binding Letter of Intent for Bridge Financing and Epc Agreement (Us Geothermal Inc)

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