Common use of Notice of Claim or Suit Clause in Contracts

Notice of Claim or Suit. Tenant shall promptly notify Landlord of any claim, action, proceeding or suit instituted or threatened against Tenant or Landlord of which Tenant receives notice or of which Tenant acquires knowledge (a “Claim”). In the event Landlord is made a party to any action for damages or other relief against which Tenant has indemnified Landlord, as aforesaid, Tenant shall at its own expense using counsel reasonably approved by Landlord, diligently defend Landlord, and pay all costs in such litigation; provided, however, that Landlord shall have the option, at its sole cost and expense, to engage its own counsel in connection with its own defense or settlement of said litigation, in which event Tenant shall cooperate with Landlord and make available to Landlord all information and data which Landlord deems necessary or desirable for such defense. In the event Landlord is required to secure its own counsel due to a conflict in the interests of Tenant and Landlord in any action for damages or other relief against which Tenant has indemnified Landlord, Tenant shall pay all of Landlord’s reasonable costs in such litigation. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to pay costs incurred by Landlord in engaging separate counsel to defend Landlord pursuant to this Section 14.3, unless Landlord is required to secure its own counsel as a result of a conflict of interest between Landlord and Tenant in any action for damages or other relief against which Tenant has indemnified Landlord. Tenant is required to approve a settlement agreement for any such claim or suit as requested by Landlord and which is consistent with applicable insurance company requirements, unless Tenant posts a bond or other security acceptable to Landlord for any potentially uninsured liability amounts. Notwithstanding any provision herein to the contrary, on or before the end of each Fiscal Quarter, Tenant shall provide Landlord with a status report with respect to all Claims, which status report shall include a summary as to the status of each Claim.

Notice of Claim or Suit. Tenant shall promptly notify Landlord of any claim, action, proceeding or suit instituted or threatened against Tenant or Landlord of which Tenant receives notice or of which Tenant acquires knowledge (a “Claim”)knowledge. Landlord shall promptly notify Tenant of any claim, action, proceeding or suit instituted or threatened against Tenant, or against Landlord and relating to the Leased Property, this Agreement or the Management Agreement, of which Landlord receives Notice or of which Landlord acquires knowledge. In the event Landlord either party is made a party to any action for damages or other relief against which Tenant such party has indemnified Landlordbeen indemnified, as aforesaid, Tenant the indemnifying party shall at its own expense using counsel reasonably approved by Landlordthe indemnified party, diligently defend Landlordthe indemnified party, and pay all costs in such litigation; provided, however, that Landlord shall have the optionlitigation or, at the option and expense of the indemnified party, the indemnified party at its sole cost and expense, to expense may nonetheless engage its own counsel in connection with its own defense or settlement of said litigation, litigation in which event Tenant the indemnifying party shall cooperate with Landlord indemnified party and make available to Landlord the indemnified party all information and data in the indemnifying party’s custody or under its control which Landlord the indemnified party deems necessary or desirable for such defense. In the event Landlord the indemnified party is required to secure its own counsel due to a conflict in the interests of Tenant the indemnifying party and Landlord the indemnified party in any action for damages or other relief against which Tenant the indemnifying party has indemnified Landlordthe indemnified party, Tenant the indemnifying party shall pay all of Landlordthe indemnified party’s reasonable costs in such litigation. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to pay costs incurred by Landlord in engaging separate counsel to defend Landlord pursuant to this Section 14.3, unless Landlord is required to secure its own counsel as a result of a conflict of interest between Landlord and Tenant in any action for damages or other relief against which Tenant has indemnified Landlord. Tenant The indemnifying party is required to approve a settlement agreement for any such claim or suit as requested by Landlord the indemnified party and which is consistent with applicable insurance company requirementsrequirements and within insured limits and any deductible, unless Tenant the indemnifying party posts a bond or other security acceptable to Landlord the indemnified party for any potentially uninsured liability amounts. Notwithstanding any provision herein to the contrary, on or before the end of each Fiscal Quarter, Tenant shall provide Landlord with a status report with respect to all Claims, which status report shall include a summary as to the status of each Claim.

Notice of Claim or Suit. Tenant shall promptly notify Landlord of any material claim, action, proceeding or suit instituted or threatened against Tenant or Landlord of which Tenant receives notice or of which Tenant acquires knowledge (a “Claim”). In the event Landlord is made a party to any action for damages or other relief against which Tenant has indemnified Landlord, as aforesaid, Tenant shall at its own expense using counsel reasonably approved by Landlord, diligently defend Landlord, and pay all costs in such litigation; provided, however, that Landlord shall have the option, at its sole cost and expense, to engage its own counsel in connection with its own defense or settlement of said litigation, in which event Tenant shall reasonably cooperate with Landlord and make available to Landlord all information and data which Landlord deems necessary or desirable for such defense. In the event Landlord is required to secure its own counsel due to a conflict in the interests of Tenant and Landlord in any action for damages or other relief against which Tenant has indemnified Landlord, Tenant shall pay all of Landlord’s reasonable costs in such litigation. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to pay costs incurred by Landlord in engaging separate counsel to defend Landlord pursuant to this Section 14.3, unless Landlord is required to secure its own counsel as a result of a conflict of interest between Landlord and Tenant in any action for damages or other relief against which Tenant has indemnified Landlord. Tenant is required to approve a settlement agreement for any such claim or suit as requested by Landlord and which is consistent with applicable insurance company requirements, unless Tenant posts a bond or other security acceptable to Landlord for any potentially uninsured liability amounts. Notwithstanding any provision herein to the contrary, on or before the end of each Fiscal Quarter, Tenant shall provide Landlord with a status report with respect to all Claims, which status report shall include a summary as to the status of each Claim.. Batesville Healthcare Center Batesville, Arkansas

Notice of Claim or Suit. Tenant shall promptly notify Landlord of any claim, action, proceeding or suit instituted or threatened against Tenant or Landlord concerning or affecting the Leased Property, the Business or Tenant of which Tenant receives notice or of which Tenant acquires knowledge (a “Claim”). In the event Landlord is made a party to any action for damages or other relief against which Tenant has indemnified Landlord, as aforesaid, Tenant shall at its own expense using counsel reasonably approved by Landlord, diligently defend Landlord, and pay all costs in such litigation; providedlitigation or, however, that Landlord shall have the at Landlord’s option, at its sole cost and expense, to Landlord may nonetheless engage its own counsel in connection with its own defense or settlement of said litigation, litigation in which event Tenant shall cooperate with Landlord and make available to Landlord all information and data which Landlord deems necessary or desirable for such defense. In the event Landlord is required to secure its own counsel due to a conflict in the interests of Tenant and Landlord in any action for damages or other relief against which Tenant has indemnified Landlord, Tenant shall pay all of Landlord’s reasonable costs in such litigation. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to pay costs incurred by Landlord in engaging separate counsel to defend Landlord pursuant to this Section 14.3, unless Landlord is required to secure its own counsel as a result of a conflict of interest between Landlord and Tenant in any action for damages or other relief against which Tenant has indemnified Landlord. Tenant is required to approve a settlement agreement for any such claim or suit as requested by Landlord and which is consistent with applicable insurance company requirements, unless Tenant posts a bond or other security acceptable to Landlord for any potentially uninsured liability amounts. Notwithstanding any provision herein to the contrary, on or before the end of each Fiscal Quarter, Tenant shall provide Landlord with a status report with respect to all Claims, which status report shall include a summary as to the status of each Claim.

Notice of Claim or Suit. Manager shall promptly notify Tenant of any claim (including, without limitation, any insurance claims), action, proceeding or suit instituted or threatened against Tenant and relating to the Facility or this Agreement, of which Manager receives notice or of which Manager acquires knowledge. Tenant shall promptly notify Landlord Manager of any claim, action, proceeding or suit instituted or threatened against Manager, or against Tenant and relating to the Facility or Landlord this Agreement, of which Tenant receives notice or of which Tenant acquires knowledge (a “Claim”)knowledge. In the event Landlord either party is made a party to any action for damages or other relief against which Tenant such party has indemnified Landlordbeen indemnified, as aforesaidprovided in Section14.05 above, Tenant the indemnifying party shall at its own expense using counsel reasonably approved by Landlordthe indemnified party, diligently defend Landlordthe indemnified party, and pay all costs in such litigation; provided, however, that Landlord shall have the optionlitigation or, at the option of the indemnified party, the indemnified party at its sole cost and expense, to expense may nonetheless engage its own counsel in connection with its own defense or settlement of said litigation, litigation in which event Tenant the indemnifying party shall cooperate with Landlord indemnified party and make available to Landlord the indemnified party all information and data in the indemnifying party’s custody or under its control which Landlord the indemnified party reasonably deems necessary or desirable for such defense. In the event Landlord the indemnified party is required to secure its own counsel due to a conflict in the interests of Tenant the indemnifying party and Landlord the indemnified party in any action for damages or other relief against which Tenant the indemnifying party has indemnified Landlordthe indemnified party, Tenant the indemnifying party shall pay all of Landlordthe indemnified party’s reasonable attorney’s fees and costs thereafter incurred in such litigation. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to pay costs incurred by Landlord in engaging separate counsel to defend Landlord pursuant to this Section 14.3, unless Landlord is required to secure its own counsel as a result of a conflict of interest between Landlord and Tenant in any action for damages or other relief against which Tenant has indemnified Landlord. Tenant The indemnifying party is required to approve a settlement agreement for any such claim or suit as requested by Landlord the indemnified party and which is consistent with applicable insurance company requirementsrequirements and within insured limits and any deductible, unless Tenant the indemnifying party posts a bond or other security acceptable to Landlord the indemnified party for any potentially uninsured liability amounts. Notwithstanding any provision herein to the contrary, on or before the end of each Fiscal Quarter, Tenant shall provide Landlord with a status report with respect to all Claims, which status report shall include a summary as to the status of each Claim.

Notice of Claim or Suit. Tenant Manager shall promptly notify Landlord Owner, Licensee and Tenant of any claim, action, proceeding or suit instituted or threatened against Owner, Licensee or Tenant and relating to the Facility or Landlord this Agreement, of which Manager receives notice or of which Manager acquires knowledge. Licensee shall promptly notify Owner and Manager of any claim, action, proceeding or suit instituted or threatened against Manager, or against Owner or Tenant and relating to the Facility or this Agreement, of which Licensee receives notice or of which Tenant acquires knowledge (a “Claim”)knowledge. In the event Landlord either Tenant, Licensee, Owner or Manager is made a party to any action for damages or other relief against which Tenant such party has indemnified Landlordbeen indemnified, as aforesaidprovided in Section 14.05 above, Tenant the indemnifying party shall at its own expense using counsel reasonably approved by Landlordthe indemnified party, diligently defend Landlordthe indemnified party, and pay all costs in such litigation; provided, however, that Landlord shall have the optionlitigation or, at the option and expense of the indemnified party, the indemnified party at its sole cost and expense, to expense may nonetheless engage its own counsel in connection with its own defense or settlement of said litigation, litigation in which event Tenant the indemnifying party shall cooperate with Landlord indemnified party and make available to Landlord the indemnified party all information and data in the indemnifying party’s custody or under its control which Landlord the indemnified party reasonably deems necessary or desirable for such defense. In the event Landlord the indemnified party is required to secure its own counsel due to a conflict in the interests of Tenant the indemnifying party and Landlord the indemnified party in any action for damages or other relief against which Tenant the indemnifying party has indemnified Landlordthe indemnified party, Tenant the indemnifying party shall pay all of Landlordthe indemnified party’s reasonable attorney’s fees and costs thereafter incurred in such litigation. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to pay costs incurred by Landlord in engaging separate counsel to defend Landlord pursuant to this Section 14.3, unless Landlord The indemnifying party is required to secure its own counsel as a result of a conflict of interest between Landlord and Tenant in any action for damages or other relief against which Tenant has indemnified Landlord. Tenant is required to shall approve a settlement agreement for any such claim or suit as requested by Landlord the indemnified party and which is consistent with applicable insurance company requirementsrequirements and within insured limits and any deductible, unless Tenant the indemnifying party posts a bond or other security acceptable to Landlord the indemnified party for any potentially uninsured liability amounts. Notwithstanding any provision herein to the contrary, on or before the end of each Fiscal Quarter, Tenant shall provide Landlord with a status report with respect to all Claims, which status report shall include a summary as to the status of each Claim.

Notice of Claim or Suit. Tenant shall promptly notify Landlord of any claim, action, proceeding or suit instituted or threatened against Tenant or Landlord concerning or affecting the Leased Property, the Business or the Tenant of which Tenant receives notice or of which Tenant acquires knowledge (a “Claim”). In the event Landlord is made a party to any action for damages or other relief against which Tenant has indemnified Landlord, as aforesaid, Tenant shall at its own expense using counsel reasonably approved by Landlord, diligently defend Landlord, and pay all costs in such litigation; providedlitigation or, however, that Landlord shall have the at Landlord’s option, at its sole cost and expense, to Landlord may nonetheless engage its own counsel in connection with its own defense or settlement of said litigation, litigation in which event Tenant shall cooperate with Landlord and make available to Landlord all information and data which Landlord deems necessary or desirable for such defense. In the event Landlord is required to secure its own counsel due to a conflict in the interests of Tenant and Landlord in any action for damages or other relief against which Tenant has indemnified Landlord, Tenant shall pay all of Landlord’s reasonable costs in such litigation. Notwithstanding anything to the contrary contained herein, Tenant shall not be required to pay costs incurred by Landlord in engaging separate counsel to defend Landlord pursuant to this Section 14.3, unless Landlord is required to secure its own counsel as a result of a conflict of interest between Landlord and Tenant in any action for damages or other relief against which Tenant has indemnified Landlord. Tenant is required to approve a settlement agreement for any such claim or suit as requested by Landlord and which is consistent with applicable insurance company requirements, unless Tenant posts a bond or other security acceptable to Landlord for any potentially uninsured liability amounts. Notwithstanding any provision herein to the contrary, on or before the end of each Fiscal Quarter, Tenant shall provide Landlord with a status report with respect to all Claims, which status report shall include a summary as to the status of each Claim.