Response to Claims. Each party shall provide written notice to the other party of the receipt of any notice of any claim or threatened claim, and provide to the other party a copy of the notice, any additional or other documents provided by the person making the claim, and any response to the claim. For any claim under this Section 5.01, Operator shall have the duty to defend or respond to any claim, and to take all actions required by applicable law, ordinance or governmental rule, regulation or order to respond to any such claim or the events leading to such a claim, all at its sole and exclusive cost. Subject to taking all actions necessary to maintain any applicable privilege, Operator shall promptly provide the City and Agreement Administrator with a copy of all studies, expert reports, and other documents related to such claim, and shall consult with the City and Agreement Administrator concerning any response. The City and Agreement Administrator may be represented at their own expense in a proceeding related to the claim by counsel or other representative, and Operator (and its agents, consultants and counsel) shall cooperate with the City and Agreement Administrator regarding such participation.
Response to Claims. Each party shall provide written notice to the other party of the receipt of any notice of any claim or threatened claim, and provide to the other party a copy of the notice, any additional or other documents provided by the person making the claim, and any response to the claim. For any claim under this Section 6.01, [SELECTED RESPONDENT] shall have the duty to defend or respond to any claim, and to take all actions required by applicable law, ordinance or governmental rule, regulation or order to respond to any such claim or the events leading to such a claim, all at its sole and exclusive cost. Subject to taking all actions necessary to maintain any applicable privilege, [SELECTED RESPONDENT] shall promptly provide NYCEDC, the Agreement Administrator and the City with a copy of all studies, expert reports, and other documents related to such claim, and shall consult with NYCEDC, the Agreement Administrator and the City concerning any response. NYCEDC, the City and the Agreement Administrator may be represented at their own expense in a proceeding related to the claim by counsel or other representative, and [SELECTED RESPONDENT] (and its agents, consultants and counsel) shall cooperate with NYCEDC, the City and the Agreement Administrator regarding such participation.
Response to Claims. In addition to Contractor’s investigation of the facts upon which the claim is based, Contractor shall, on County's behalf, take the following action where appropriate:
Response to Claims. In addition to Contractor’s investigation of the facts upon which the claim is based, Contractor shall, on County’s behalf, take the following action where appropriate:
3.2.1.1 For each claim not submitted in accordance with the legal statutory filing requirements of Government Code §§910 and 910.2, Contractor shall, on County’s behalf, notify the claimant or third-party, in accordance with the requirements of §910.8, of the specific insufficiency. Contractor shall deny, in accordance with the provisions of §§913 and
3.2.1.2 Deny, in accordance with the provision of §911.3, as untimely, all claims that have not been filed within the time required by statute.
3.2.1.3 Deny, in accordance with the provision of §911.4, as untimely, all claims that have not been filed within the time required by statute. Contractor may, at its discretion, limit the investigation to that necessary to confirm the affirmative defense.
3.2.1.4 Deny, in accordance with the provisions of §§913 and 915.4, all claims on or before the date a denial is required or permitted by law, if in the exercise of reasonable prudent judgment and after a review of all pertinent information, there is no basis of liability against the County or its employees.
3.2.1.5 Reject in accordance with the provisions of §§911.8, 911.8, and 915.4, all Applications for Leave to Present Late Claims. Where, in the opinion of Contractor, an Application meets the requirement for acceptance under Government Code §§911.4 and 911.6, Contractor shall advise and obtain County Counsel’s written approval to accept a late claim.
3.2.1.6 Forward Petitions for Relief from the requirements of Government Code §§911.4 and 911.6 to a member of the Legal Defense Panel, as directed by County. Contractor will assist defense counsel in opposing the petitions filed.
3.2.1.7 In order to reduce legal defense costs, where, in the exercise of reasonably prudent judgment, and after a review of all pertinent information, Contractor concludes that a sufficient basis of liability exists against the County or its employees, Contractor will negotiate a settlement of the claim, within the parameters outlined below in Paragraph 7.0, “A Settlement Process and TPA Authority”.
Response to Claims. Subject to Section 13.2(f), the Sellers' Representative shall have thirty (30) calendar days after his actual receipt of the Buyer's Claim Notice to reject or accept the claim as an indemnifiable claim for Buyer Losses under this Section 13. If, within thirty (30) calendar days after actual receipt by the Sellers' Representative of the Buyer's Claim Notice, the Sellers' Representative delivers notice to the Buyer Indemnitee containing a written objection to the claim by the Buyer Indemnitee, stating the nature of and grounds for such objection, then such claim shall be deemed to be a "DISPUTED CLAIM" and such claim shall be resolved in accordance with Section 13.2 (e) hereof. If, within thirty (30) calendar days after actual receipt by the Sellers' Representative of the Buyer's Claim Notice, the Sellers' Representative delivers notice to the Buyer Indemnitee containing a written acceptance of the claim, then such claim shall be deemed an indemnifiable claim under this Section 13 (the "INDEMNIFIABLE CLAIM").
