Recovery Claims. Subject to the limitations of Sections 3.4, Operator shall assist Owner with prosecuting and/or settling any Claim which Owner has against one or more Persons that are not Members or Parties (each, a “Recovery Claim”).
Recovery Claims. Should a claim (“Recovery Claim”) be made upon Administrative Agent or Lenders at any time for recovery of any amount received by Administrative Agent or Lenders in payment of the Guaranteed Liabilities (whether received from Borrower, Mortgagor or Guarantor pursuant hereto, or otherwise) and should Administrative Agent or any Lender repay all or part of said amount by reason of (a) any judgment, decree, or order of any court or administrative body having jurisdiction over Administrative Agent or any Lender or any of its respective property; or (b) any reasonable settlement or compromise of any such Recovery Claim effected by Administrative Agent or such Lender with the claimant (including Borrower and Mortgagor), Guarantor shall remain liable to Administrative Agent and Lenders for the amount so repaid to the same extent as if such amount had never originally been received by Administrative Agent and Lenders, notwithstanding any termination hereof or the return of this document to Guarantor or the cancellation of any note or other instrument evidencing any of the Guaranteed Obligations.
Recovery Claims a. Maersk has no obligation to, or liability for, making or obtaining recovery from third parties, which recovery is the obligation and responsibility of CSX Lines.
b. Maersk has no liability for cargo damage while Containers are under CSX Lines’s control, as between Maersk and CSX Lines, it is CSX Lines’s responsibility to ensure that Containers are in safe and cargo-worthy condition before packing with cargo.
Recovery Claims. Subject to the limitations set forth in Section 3.5(b) and Section 3.9, Construction Manager shall manage the prosecution and/or settling of any Claim that Owner has against a Third Party (each such Claim, a “Recovery Claim”). Construction Manager may not name a Member as party plaintiff on a Recovery Claim unless Construction Manager has obtained that Member’s consent to do so. If any Member so desires, in addition to counsel employed by Construction Manager on behalf of Owner, a Member may be represented in any such lawsuit at its expense by counsel selected by such Member.
Recovery Claims. At any time prior to the Accountants’ Report being addressed solely to, and/or being capable of being exclusively relied upon by, HoldCo2 and the Legal Due Diligence Reports being addressed solely to, and/or being capable of being exclusively relied upon by, the Parent, any proceeds of a claim against the provider of the relevant Report (in its capacity as a provider of that Report) received by any person who is not a member of the Group are not promptly provided by way of New Equity by the Parent to HoldCo1 and by HoldCo1 to HoldCo2.
Recovery Claims. PBFH shall assist Owner with prosecuting and settling any Claim that Owner has against a Third Party (each such Claim, a “Recovery Claim”).
Recovery Claims. Subject to Paragraph 9 of this Schedule 7.02, where the Buyers are entitled to recover from any person any sum in respect of any matter or event which gives rise to a Warranty Claim (excluding a claim under the Tax Warranties to which the relevant provisions of Schedule 6.01 apply), the Buyers shall, and shall procure that each member of the Target Group shall, use its reasonable endeavours to recover that sum and shall keep the Seller informed of the conduct of such recovery. The Buyers shall not be restricted from pursuing that or any other Warranty Claim in relation to the same subject matter against the Seller. Any sum recovered by the Buyers before settlement or final determination of the Warranty Claim to which this paragraph applies (less any costs and expenses incurred by the Buyers and each member of the Target Group in recovering the sum and any Tax attributable to or suffered in respect of the sum recovered) will reduce the amount of the Warranty Claim by an equivalent amount. If recovery is delayed until after the Warranty Claim has been satisfied by the Seller, the Buyers shall (subject to the remaining provisions of this Paragraph 8) repay to the Seller the amount so recovered (less any costs and expenses incurred by the Buyers and each member of the Target Group in recovering the sum and any Tax attributable to or suffered in respect of the sum recovered). If the amount so recovered exceeds the amount of the Warranty Claim satisfied by the Sellers, the Buyers shall be entitled to retain the excess.
Recovery Claims. 17.1 The Purchaser shall, and shall procure that the Purchaser Group shall: Table of Contents 17.1.1 consult with the Seller and take all such actions as the Seller may reasonably request in writing to pursue any Recovery Claim (including the institution of any legal action or proceedings and any appeal against any judgment or other adjudication made in relation to them);
Recovery Claims. 15.1 The Purchaser shall, and shall procure that the Purchaser Group shall:
(a) consult with the Seller and take all such actions as the Seller may reasonably request in writing to pursue the relevant Recovery Claim (including the institution of any legal action or proceedings and any appeal against any judgment or other adjudication made in relation to them);
(b) otherwise take all reasonable steps to maximise any recovery in relation to the relevant Recovery Claim; and
(c) not withdraw, settle or compromise the relevant Recovery Claim without the prior written consent of the Seller, not to be unreasonably withheld or delayed, provided always that no member of the Purchaser Group shall be required to undertake any action that it reasonably believes materially xxxxx or is likely to materially harm the business of any member of the Purchaser Group, whether in respect of any relationship with any customer or supplier, its reputation or otherwise. If the Purchaser Group recovers any sum pursuant to a Recovery Claim after any corresponding Non‑Tax Claim has been agreed or finally determined but before the Seller makes a payment in respect of it, then the amount payable by the Seller shall be reduced by an amount equal to the sum recovered (less all reasonable out‑of‑pocket costs and expenses incurred by the Purchaser Group in obtaining such recovery and any tax incurred by the Purchaser Group in respect of the sum recovered) ("Recovery Sum").
15.2 If the Seller has made a payment in respect of a Non‑Tax Claim ("Claim Payment") and the Purchaser Group subsequently recovers from a third party any sum in respect of any corresponding Recovery Claim, the Purchaser shall repay promptly to the Seller an amount equal to the lesser of (a) the Recovery Sum; and (b) the amount of the Claim Payment.
15.3 If any repayment is made to the Seller pursuant to paragraph 15.2, an amount equal to such repayment shall be deemed never to have been paid by the Seller for the purposes of calculating the liability of the Seller under paragraph 3.
Recovery Claims. 14.1 In this paragraph 14:
