Settlement of Claim. If the Indemnifying Party fails to assume the defense of a claim meriting indemnification, the Indemnified Party may at the expense of the Indemnifying Party contest, settle, or pay such claim, provided, however, that settlement or full payment of any such claim may be made only following consent of the Indemnifying Party or, absent such consent, written opinion of the Indemnified Party’s counsel that such claim is meritorious or warrants settlement.
Appears in 3 contracts
Samples: Wind Energy Purchase Agreement (Otter Tail Corp), Wind Energy Purchase Agreement (Otter Tail Corp), Wind Energy Purchase Agreement
Settlement of Claim. If the Indemnifying Party fails to assume the defense of a claim meriting indemnification, the Indemnified Party may at the expense of the Indemnifying Party contest, settle, or pay such claim, provided, however, that settlement or full payment of any such claim may be made only following consent of . If the Indemnifying Party orassumes the defense of a claim meriting indemnification, absent the Indemnifying Party shall have the sole right to contest, settle or pay such consent, written opinion of the Indemnified Party’s counsel that such claim is meritorious or warrants settlementclaim.
Appears in 2 contracts
Samples: Wind Energy Purchase Agreement, Solar Energy Purchase Agreement
Settlement of Claim. If the Indemnifying Party fails to assume the defense of a claim meriting indemnification, the Indemnified Party may may, at the expense of the Indemnifying Party Party, contest, settle, or pay such claim, provided, however, that settlement or full payment of any such claim may be made only following consent of the Indemnifying Party Party, which consent will not be unreasonably withheld, conditioned, or delayed, or, absent such consent, written opinion of the Indemnified Party’s counsel that such claim is meritorious or warrants settlement.
Appears in 2 contracts
Samples: Power Purchase Agreement (Chugach Electric Association Inc), Power Purchase Agreement
Settlement of Claim. If the Indemnifying Party fails to assume the defense of a claim meriting indemnification, the Indemnified Party may at the expense of the Indemnifying Party contest, settle, or pay such claim, provided, however, that settlement or full payment of any such claim may be made only following consent of the Indemnifying Party or, absent such consent, written opinion of the Indemnified Party’s 's counsel that such claim is meritorious or warrants settlement.
Appears in 1 contract
Samples: Solar Energy Purchase Agreement
Settlement of Claim. If the Indemnifying Party fails to assume the defense of a claim meriting indemnification, the Indemnified Party may at the expense of the Indemnifying Party contest, settle, or pay such the claim, ; provided, however, that settlement or full payment of any such the claim may be made only following consent of the Indemnifying Party or, absent such the consent, written opinion of the Indemnified Party’s counsel that such the claim is meritorious or warrants settlement.. 37
Appears in 1 contract
Samples: Power Purchase Agreement (Ppa)
