Common use of Obligations/Notice of Claim Clause in Contracts

Obligations/Notice of Claim. The County will provide the Contractor notice of the assertion of liability by a third party that may give rise to a Claim by the County against the Contractor based on the indemnity contained herein. The Contractor shall respond to the County’s tender of defense of a claim in writing within fourteen (14) calendar days from the notice date and will advise the County if the Contractor accepts or denies tender of the claim. The County may in its discretion withhold all or part of any payment due the Contractor under the Contract until the Contractor responds to such notice. The Contractor shall keep the County timely and fully informed through all stages of the defense and promptly respond to and comply with the County’s requests for information. The County at all times reserves the right but has no obligation to participate in the defense and settlement of any Claim. Such participation shall not constitute a waiver of the Contractor’s indemnity and defense obligations under the Contract. The Contractor shall not settle or compromise any Claim in any manner that imposes any obligations upon the County without the prior written consent of the County. The Contractor shall promptly advise the County of any occurrence or information known to the Contractor that could reasonably result in a Claim against the County. The violation of any provisions of Section 6, including improper refusal to accept tender, is a material breach.

Appears in 10 contracts

Samples: Contract for Goods and Services, Contract for Goods and Services, Attachment F Goods and Services Contract

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Obligations/Notice of Claim. The County will provide the Contractor notice of the assertion of liability by a third party that may give rise to a Claim by the County against the Contractor based on the indemnity contained herein. The Contractor shall respond to the County’s tender of defense of a claim in writing within fourteen (14) calendar days from the notice date date, and will advise the County if the Contractor accepts or denies tender of the claim. The County may in its discretion withhold all or part of any payment due the Contractor under the Contract until the Contractor responds to such notice. The Contractor shall keep the County timely and fully informed through all stages of the defense and promptly respond to and comply with the County’s requests for information. The County at all times reserves the right right, but has no obligation to participate in the defense and settlement of any Claim. Such participation shall not constitute a waiver of the Contractor’s indemnity and defense obligations under the Contract. The Contractor shall not settle or compromise any Claim in any manner that imposes any obligations upon the County without the prior written consent of the County. The Contractor shall promptly advise the County of any occurrence or information known to the Contractor that could reasonably result in a Claim against the County. The violation of any provisions of Section 6this Section, including improper refusal to accept tender, is a material breach.

Appears in 6 contracts

Samples: Professional Services Contract, Professional Services Contract, Professional Services Contract

Obligations/Notice of Claim. The County will provide the Contractor notice of the assertion of liability by a third party that may give rise to a Claim by the County against the Contractor based on the indemnity contained herein. The Contractor shall respond to the County’s tender of defense of a claim in writing within fourteen (14) calendar days from the notice date and will advise the County if the Contractor accepts or denies tender of the claim. The County may in its discretion withhold all or part of any payment due the Contractor under the Contract until the Contractor responds to such notice. The Contractor shall keep the County timely and fully informed through all stages of the defense and promptly respond to and comply with the County’s requests for information. The County at all times reserves the right but has no obligation to participate in the defense and settlement of any Claim, but to the extent it elects to participate in the defense it shall do so at its own expense. Such participation shall not constitute a waiver of the Contractor’s indemnity and defense obligations under the Contract. The Contractor shall not settle or compromise any Claim in any manner that imposes any obligations upon the County without the prior written consent of the County. The Contractor shall promptly advise the County of any occurrence or information that becomes known to the Contractor that could reasonably result in a Claim against the County. The violation of any provisions of Section 6, including improper refusal to accept tender, is a material breach.

Appears in 1 contract

Samples: spf.kitsapgov.com

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Obligations/Notice of Claim. The County will provide the Contractor Recipient notice of the assertion of liability by a third party that may give rise to a Claim by the County against the Contractor Recipient based on the indemnity contained herein. The Contractor Recipient shall respond to the County’s tender of defense of a claim in writing within fourteen (14) calendar days from the notice date date, and will advise the County if the Contractor Recipient accepts or denies tender of the claim. The County may in its discretion withhold all or part of any payment due the Contractor Recipient under the Contract Agreement until the Contractor Recipient responds to such notice. The Contractor Recipient shall keep the County timely and fully informed through all stages of the defense and promptly respond to and comply with the County’s requests for information. The County at all times reserves the right right, but has no obligation to participate in the defense and settlement of any Claim. Such participation shall not constitute a waiver of the ContractorRecipient’s indemnity and defense obligations under the ContractAgreement. The Contractor Recipient shall not settle or compromise any Claim in any manner that imposes any obligations upon the County without the prior written consent of the County. The Contractor Recipient shall promptly advise the County of any occurrence or information known to the Contractor Recipient that could reasonably result in a Claim against the County. The violation of any provisions of Section 6this Section, including improper refusal to accept tender, is a material breach.

Appears in 1 contract

Samples: Tourism Promotion Agreement

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