Prosecution of Claims. 9.2.1 Unless otherwise directed by TxDOT in writing with respect to TxDOT’s insurance claims, Developer shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance policies required hereunder. Xxxxxxxxx agrees to report timely to the insurer(s) under such insurance policies any and all matters which may give rise to an insurance claim by Developer or TxDOT or another Indemnified Party and to promptly and diligently pursue such insurance claims in accordance with the claims procedures specified in such insurance policies, whether for defense or indemnity or both. Developer shall enforce all legal rights against the insurer under the applicable insurance policies and applicable Laws in order to collect thereon, including pursuing necessary litigation and enforcement of judgments, provided that Developer shall be deemed to have satisfied this obligation if a judgment is not collectible through the exercise of lawful and diligent means.
9.2.2 TxDOT agrees to promptly notify Developer of TxDOT’s incidents, potential claims against TxDOT, and matters which may give rise to an insurance claim against TxDOT, to tender to the insurer TxDOT’s defense of the claim under such insurance
9.2.3 If in any instance Developer has not performed its obligations respecting insurance coverage set forth in this Agreement or is unable to enforce and collect any such insurance for failure to assert claims in accordance with the terms of the insurance policies or to prosecute claims diligently, then for purposes of determining Developer’s liability and the limits thereon or determining reductions in compensation due from TxDOT to Developer on account of available insurance, Developer shall be treated as if it has elected to self-insure up to the full amount of insurance coverage which would have been available had Developer performed such obligations and not committed such failure. Nothing in the Contract Documents shall be construed to treat Developer as electing to self-insure where Xxxxxxxxx is unable to collect due to the bankruptcy or insolvency of any insurer which at the time the insurance policy is written meets the rating qualifications set forth in this Section 9.
9.2.4 If in any instance Developer has not promptly performed its obligation to report to applicable insurers and process any potential insurance claim tendered by TxDOT or another Indemnified Party, then TxDOT or the other Indemnified Party may, but is not ...
Prosecution of Claims. After payment by USAID to an Ap- plicant hereunder, USAID shall have exclusive power to prosecute all claims related to rights to receive payments under the Eligible Notes to which it is thereby subrogated. If a Noteholder continues to have an interest in the outstanding Eligible Notes, such a Noteholder and USAID shall consult with each other with respect to their respective interests in such Eligible Notes and the manner of and responsi- bility for prosecuting claims.
Prosecution of Claims. Unless otherwise directed by the Joint Board in writing, TSP shall be responsible for reporting and processing all potential claims under the insurance required to be provided under this Section 9. TSP agrees to report timely to the insurer(s) any and all matters which may give rise to an insurance claim and to promptly and diligently pursue any and all insurance claims on behalf of the Joint Board, whether for defense or indemnity or both. The Joint Board agrees to promptly notify TSP of the Joint Board’s incidents, potential claims, and matters which may give rise to an insurance claim by the Joint Board, to tender its defense or the claim to TSP, and to cooperate with TSP as necessary for TSP to fulfill its duties hereunder.
Prosecution of Claims. Unless otherwise directed by TxDOT in writing, Developer shall be responsible for reporting and processing all potential claims by TxDOT or Developer against the insurance required to be provided under this Section 16. Xxxxxxxxx agrees to report timely to the insurer(s) any and all matters which may give rise to an insurance claim and to promptly and diligently pursue any and all insurance claims on behalf of TxDOT, whether for defense or indemnity or both. TxDOT agrees to promptly notify Developer of TxDOT’s incidents, potential claims, and matters which may give rise to an insurance claim by TxDOT, to tender its defense or the claim to Developer, and to cooperate with Developer as necessary for Developer to fulfill its duties hereunder.
Prosecution of Claims. The obligations of an Indemnifying Party under this Section 11 will be governed by and be contingent upon the following additional terms and conditions:
Prosecution of Claims. The Lessee may, at its cost and expense, prosecute any claim against any insurer or contest any settlement proposed by any insurer, and the Lessee may bring any such prosecution or contest in the name of the Lessor, the Lessee, or both, and the Lessor will join therein at the Lessee's request; provided, that the Lessee shall indemnify the Lessor against any losses, costs or expenses (including reasonable attorneys' fees) which the Lessor may incur in connection with such prosecution or contest.
Prosecution of Claims. The Managing Party in respect of a Shared --------------------- Asset, or such other party as the parties hereto shall agree (or, if they cannot agree, HCS) shall have sole and exclusive authority to commence, prosecute, settle, manage, control, conduct, waive, forego, release, discharge, forgive and otherwise determine all matters whatsoever with respect to any Shared Asset.
Prosecution of Claims. The Lessee may, so long as no Event of Default shall have occurred and be continuing, at its cost and expense, prosecute any claim against any insurer or contest any settlement proposed by any insurer, and the Lessee may, so long as no Event of Default shall have occurred and be continuing, bring any such prosecution or contest in the name of the Lessor, the Lessee, or both, and the Lessor will join therein at the Lessee's request; provided that the Lessee shall indemnify the Lessor against any losses, costs or expenses (including reasonable attorneys' fees) which the Lessor may incur in connection with such prosecution or contest whether or not it is at the request of the Lessee.
Prosecution of Claims. The Contract Administrator shall be authorized to prosecute any claim or action on behalf of the Member Agencies to recover past due payments and obligations incurred under this Agreement. Costs incurred by the Contract Administrator with such collection efforts shall be recoverable against the terminated and/or defaulting Member.
Prosecution of Claims. Unless otherwise directed by CPRA in writing, the XXXX Contractor shall be responsible for reporting and processing all potential claims by CPRA or XXXX Contractor against the insurance required to be provided under this XXXX Section 506-2.
