Common use of RETENTION WAIVER Clause in Contracts

RETENTION WAIVER. Regarding a Claim that is a class action civil proceeding, no Retention shall apply to Defense Costs incurred in connection with such Claim, and the Insurer shall reimburse the Insureds for any covered Defense Costs paid by the Insureds within the Retention otherwise applicable to such Claim, if a: (A) final adjudication with prejudice pursuant to a trial, motion to dismiss or motion for summary judgment; or (B) complete and final settlement with prejudice;

RETENTION WAIVER. Regarding a Claim that is a class action civil proceeding, no Retention shall apply to Defense Costs incurred in connection with such Claim, and the Insurer shall reimburse the Insureds for any covered Defense Costs paid by the Insureds within the Retention otherwise applicable to such Claim, if a:such (A) final adjudication with prejudice pursuant to a trial, motion to dismiss or motion for summary judgment; or (B) complete and final settlement with prejudice;