Common use of Settlement of Claims and Lawsuits Clause in Contracts

Settlement of Claims and Lawsuits. (A) Operator shall promptly notify the Parties of any and all material claims or suits that relate in any way to Joint Operations. Subject to approval of the Operating Committee, Operator shall represent the Parties and defend or oppose the claim or suit. Operator may in its sole discretion compromise or settle any such claim or suit or any related series of claims or suits for an amount not to exceed the equivalent of fifty thousand Dollars ($50,000) exclusive of legal fees. Operator shall obtain the approval and direction of the Operating Committee on amounts in excess of the above-stated amount. Without prejudice to the foregoing, each Non-Operator shall have the right to be represented by its own counsel at its own expense in the settlement, compromise or defense of such claims or suits. (B) Any Non-Operator shall promptly notify the other Parties of any claim made against such Non-Operator by a third party that arises out of or may affect the Joint Operations, and such Non-Operator shall defend or settle the same in accordance with any directions given by the Operating Committee. Those costs, expenses and damages incurred pursuant to such defense or settlement which are attributable to Joint Operations shall be for the Joint Account. (C) Notwithstanding Article 4.5(A) and Article 4.5(B), each Party shall have the right to participate in any such suit, prosecution, defense or settlement conducted in accordance with Article 4.5(A) and Article 4.5(B), at its sole cost and expense; provided always that no Party may settle its Participating Interest share of any claim without first satisfying the Operating Committee that it can do so without prejudicing the interests of the Joint Operations.

Appears in 4 contracts

Samples: Joint Operating Agreement (Bontan Corp Inc), Joint Operating Agreement (Bontan Corp Inc), Joint Operating Agreement (Geoglobal Resources Inc.)

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Settlement of Claims and Lawsuits. (A) Operator shall promptly notify the Parties of any and all material claims or suits that and such other claims and suits as the Operating Committee may direct which arise out of Joint Operations or relate in any way to Joint Operations. Subject to approval of the Operating Committee, Operator shall represent the Parties and defend or oppose the claim or suit. Operator may in its sole discretion compromise or settle any such claim or suit or any related series of claims or suits for an amount not to exceed the equivalent of fifty U.S. dollars five hundred thousand Dollars (U.S. $50,000500,000) exclusive of legal fees. Operator shall obtain the approval and direction of the Operating Committee on amounts in excess of the above-above stated amount. Without prejudice to the foregoing, each Each Non-Operator shall have the right to be represented by its own counsel at its own expense in the settlement, compromise or defense of such claims or suits. (B) Any Non-Operator shall promptly notify the other Parties of any claim made against such Non-Operator by a third party that which arises out of or may affect the Joint Operations, and such Non-Operator shall defend or settle the same in accordance with any directions given by the Operating Committee. Those costs, expenses and damages incurred pursuant to such defense or settlement which are attributable to Joint Operations shall be for the Joint Account. (C) Notwithstanding Article 4.5(A) and Article 4.5(B), each Party shall have the right to participate in any such suit, prosecution, defense or settlement conducted in accordance with Article 4.5(A) and Article 4.5(B), ) at its sole cost and expense; provided always that no Party may settle its Participating Interest share of any claim without first satisfying the Operating Committee that it can do so without prejudicing the interests of the Joint Operations.

Appears in 3 contracts

Samples: Joint Operating Agreement, Joint Operating Agreement (Kosmos Energy Ltd.), Joint Operating Agreement

Settlement of Claims and Lawsuits. (A) Operator shall promptly notify the Parties of any and all material claims or suits that and such other claims and suits as the Operating Committee may direct which arise out of Joint operations or relate in any way to Joint Operations. Subject to approval of the Operating Committee, Operator shall represent the Parties and defend or oppose the claim or suit. Operator may in its sole discretion compromise or settle any such claim or suit or any related series of claims or suits for an amount not to exceed the equivalent of fifty U.S. dollars five hundred thousand Dollars (U.S. $50,000500,000) exclusive of legal fees. Operator shall obtain the approval and direction of the Operating Committee on amounts in excess of the above-above stated amount. Without prejudice to the foregoing, each Each Non-Operator shall have the right to be represented by its own counsel at its own expense in the settlement, compromise or defense of such claims or suits. (B) Any Non-Operator shall promptly notify the other Parties of any claim made against such Non-Operator by a third party that which arises out of or may affect the Joint Operations, and such Non-Operator shall defend or settle the same in accordance with any directions given by the Operating Committee. Those costs, expenses and damages incurred pursuant to such defense or settlement which are attributable to Joint Operations shall be for the Joint Account. (C) Notwithstanding Article 4.5(A) and Article 4.5(B), each Party shall have the right to participate in any such suit, prosecution, defense or settlement conducted in accordance with Article 4.5(A) and Article 4.5(B), ) at its sole cost and expense; provided always that no Party may settle its Participating Interest share of any claim without first satisfying the Operating Committee that it can do so without prejudicing the interests of the Joint Operations.

Appears in 2 contracts

Samples: Joint Operating Agreement, Joint Operating Agreement (Kosmos Energy Ltd.)

Settlement of Claims and Lawsuits. (A) Operator shall promptly notify the Parties of any and all material claims or suits that relate in any way to Joint Operations. Subject to approval of the Operating Committee, Operator shall represent the Parties and defend or oppose the claim or suit. Operator may in its sole discretion compromise or settle any such claim or suit or any related series of claims or suits for an amount not to exceed the equivalent of fifty thousand Dollars One Hundred Thousand U.S. dollars ($50,000US$100,000) exclusive of legal fees. Operator shall obtain the approval and direction of the Operating Committee on amounts in excess of the above-stated amount. Without prejudice to the foregoing, each Non-Operator shall have the right to be represented by its own counsel at its own expense in the settlement, compromise or defense of such claims or suits. (B) Any Non-Operator shall promptly notify the other Parties of any claim made against such Non-Operator by a third party that arises out of or may affect the Joint Operations, and such Non-Operator shall defend or settle the same in accordance with any directions given by the Operating Committee. Those costs, expenses and damages incurred pursuant to such defense or settlement which are attributable to Joint Operations shall be for the Joint Account. (C) Notwithstanding Article 4.5(A) and Article 4.5(B), each Party shall have the right to participate in any such suit, prosecution, defense or settlement conducted in accordance with Article 4.5(A) and Article 4.5(B), at its sole cost and expense; provided always that no Party may settle its Participating Interest share of any claim without first satisfying the Operating Committee that it can do so without prejudicing the interests of the Joint Operations.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Hyperdynamics Corp), Operating Agreement (Hyperdynamics Corp)

Settlement of Claims and Lawsuits. (A) Operator shall promptly notify the Parties of any and all material claims or suits that and such other claims and suits as the Operating Committee may direct which arise out of Joint Operations or relate in any way to Joint Operations. Subject to approval of the Operating Committee, Operator shall represent the Parties and defend or oppose the claim or suit. Operator may in its sole discretion compromise or settle any such claim or suit or any related series of claims or suits for an amount not to exceed the equivalent of fifty thousand U.S. ___________________ Dollars ($50,000) U.S.$100,000.00), exclusive of legal fees. Operator shall obtain the approval and direction of the Operating Committee on amounts in excess of the above-above stated amount. Without prejudice to the foregoing, each Each Non-Operator shall have the right to be represented by its own counsel at its own expense in the settlement, compromise or defense of such claims or suits. (B) Any Non-Operator shall promptly notify the other Parties of any claim made against such Non-Operator by a third party that arises out of relating to or which may affect the Joint Operations, Operations and insofar as such claim relates to or affects the Joint Operations such Non-Operator shall defend or settle the same in accordance with any directions given by the Operating Committee. Those Committee and such costs, expenses and damages incurred as are payable pursuant to such defense or settlement which are attributable to Joint Operations shall be for the Joint Account. (C) Notwithstanding Article 4.5(A) and Article 4.5(B), each Party shall have the right to participate in any such suitpursuit, prosecution, defense or settlement conducted in accordance with Article 4.5(A) and Article 4.5(B), ) at its sole cost and expense; provided always that no Party may settle its Participating Interest share of any claim without first satisfying the Operating Committee that it can do so without prejudicing the interests of the Joint Operations.

Appears in 1 contract

Samples: International Joint Venture Operating Agreement (Abacan Resource Corp)

Settlement of Claims and Lawsuits. (A) Operator shall promptly notify the Parties of any and all material claims or suits that and such other claims and suits as the Operating Committee may direct which arise out of Joint Operations or relate in any way to Joint Operations. Subject to approval of the Operating Committee, Operator shall represent the Parties and defend or oppose the claim or suit. Operator may in its sole discretion compromise or settle any such claim or suit or any related series of claims or suits for an amount not to exceed the equivalent of fifty thousand Dollars U.S. dollars Twenty Five Thousand (U.S. $50,00025,000) exclusive of legal fees. Operator shall obtain the approval and direction of the Operating Committee on amounts in excess of the above-above stated amount. Without prejudice to the foregoing, each Each Non-Operator shall have the right to be represented by its own counsel at its own expense in the settlement, compromise or defense of such claims or suits. (B) Any Non-Operator shall promptly notify the other Parties of any claim made against such Non-Operator by a third party that arises out of relating to or which may affect the Joint Operations, Operations and insofar as such claim relates to or affects the Joint Operations such Non-Operator shall defend or settle the same in accordance with any directions given by the Operating Committee. Those Committee and such costs, expenses and damages incurred as are payable pursuant to such defense or settlement which are attributable to Joint Operations shall be for the Joint Account. (C) Notwithstanding Article 4.5(A) and Article 4.5(B), each Party shall have the right to participate in any such suitpursuit, prosecution, defense or settlement conducted in accordance with Article 4.5(A) and Article 4.5(B), ) at its sole cost and expense; provided always that no Party may settle its Participating Interest share of any claim without first satisfying the Operating Committee that it can do so without prejudicing the interests of the Joint Operations.

Appears in 1 contract

Samples: International Operating Agreement (Seven Seas Petroleum Inc)

Settlement of Claims and Lawsuits. (A) Operator shall promptly notify the Parties of any and all material claims or suits that relate in any way to Joint Operations. Subject to approval of the Operating Committee, Operator shall represent the Parties and defend or oppose the claim or suit. Operator may in its sole discretion compromise or settle any such claim or suit or any related series of claims or suits for an amount not to exceed the equivalent of fifty thousand Dollars Fifty Thousand U.S. dollars ($50,00050,000 USD) exclusive of legal fees. Operator shall obtain the approval and direction of the Operating Committee on amounts in excess of the above-stated amount. Without prejudice to the foregoing, each Non-Operator shall have the right to be represented by its own counsel at its own expense in the settlement, compromise or defense of such claims or suits. (B) Any Non-Operator shall promptly notify the other Parties of any claim made against such Non-Operator by a third party that arises out of or may affect the Joint Operations, and such Non-Operator shall defend or settle the same in accordance with any directions given by the Operating Committee. Those costs, expenses and damages incurred pursuant to such defense or settlement which are attributable to Joint Operations shall be for the Joint Account. (C) Notwithstanding Article 4.5(A) and Article 4.5(B), each Party shall have the right to participate in any such suit, prosecution, defense or settlement conducted in accordance with Article 4.5(A) and Article 4.5(B), at its sole cost and expense; provided always that no Party may settle its Participating Interest share of any claim without first satisfying the Operating Committee that it can do so without prejudicing the interests of the Joint Operations.

Appears in 1 contract

Samples: Joint Operating Agreement (Calibre Energy, Inc.)

Settlement of Claims and Lawsuits. (A) Operator shall promptly notify the Parties of any and all material claims or suits that and such other claims and suits as the Operating Committee may direct which arise out of Joint Operations or relate in any way to Joint Operations. Subject to approval of the Operating Committee, Operator shall represent the Parties and defend or oppose or settle the claim or suit. Operator may in its sole discretion compromise or settle any such claim or suit or any related series of claims or suits for an amount not to exceed the equivalent of fifty one hundred thousand (U.S.$100,000) Dollars ($50,000U.S.) exclusive inclusive of legal fees. Operator shall obtain the approval and direction of the Operating Committee on amounts in excess of the above-above stated amount. Without prejudice to the foregoing, each Non-Each Non- Operator shall have the right to be represented by its own counsel at its own expense in the settlement, compromise or defense of such claims or suits. (B) Any Non-Operator shall promptly notify the other Parties of any claim made against such Non-Operator by a third party that which arises out of or which may affect the Joint Operations, Operations and such Non-Operator shall defend or settle the same in accordance with any directions given by the Operating Committee. Those costs, expenses and damages incurred pursuant to such defense or settlement which are attributable to Joint Operations shall be for the Joint Account. (C) Notwithstanding Article 4.5(A) and Article 4.5(B), each Party shall have the right to participate in any such suit, prosecution, defense or settlement conducted in accordance with Article 4.5(A) and Article 4.5(B), ) at its sole cost and expense; provided always that no Party may settle its Participating Interest share of any claim without first satisfying the Operating Committee that it can do so without prejudicing the interests of the Joint Operations.

Appears in 1 contract

Samples: International Joint Operating Agreement (Transatlantic Petroleum Corp)

Settlement of Claims and Lawsuits. (A) The Operator shall promptly notify the Parties of any and all material claims or suits that relate in any way to Joint Operations. Subject to approval of the Operating Committee, The Operator shall represent the Parties and defend or oppose the claim or suit. The Operator may in its sole discretion compromise or settle any such claim or suit or any related series of claims or suits for an amount not to exceed the equivalent of fifty thousand Dollars Xxx Xxxxxxx xxx Xxxxx Xxxxxxxx Xxxxxx Xxxxxx dollars ($50,000US$150,000.00) exclusive of legal fees. The Operator shall obtain the approval and direction of the Operating Committee on amounts in excess of the above-stated amount. Without prejudice to the foregoing, each Non-Operator shall have the right to have reasonable access to and to be provided with all reasonable information and documents of the Operator regarding the claim and to be represented by its own counsel at its own expense in the settlement, compromise or defense defence of such claims or suits. (B) Any Non-Operator shall promptly notify the other Parties of any claim made against such Non-Operator by a third party that arises out of or may affect the Joint Operations, and such Non-Operator shall defend or settle the same in accordance with any directions given by the Operating Committee. Those costs, expenses and damages incurred pursuant to such defense defence or settlement which are attributable to Joint Operations shall be for the Joint Account. (C) Notwithstanding Article 4.5(A) and Article 4.5(B), each Party shall have the right to participate in any such suit, prosecution, defense defence or settlement conducted in accordance with Article 4.5(A) and Article 4.5(B), at its sole cost and expense; provided always that no Party may settle its Participating Interest share of any claim without first satisfying the Operating Committee that it can do so without prejudicing the interests of the Joint Operations.

Appears in 1 contract

Samples: Joint Operating Agreement

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Settlement of Claims and Lawsuits. (A) Operator shall promptly notify the Parties of any and all material claims or suits that relate in any way to Joint Operations. Subject to approval of the Operating Committee, Operator shall represent the Parties and defend or oppose the claim or suit. Operator may in its sole discretion compromise or settle any such claim or suit or any related series of claims or suits for an amount not to exceed the equivalent of fifty thousand Dollars ($50,000) 250,000 U.S. dollars exclusive of legal fees. Operator shall obtain the approval and direction of the Operating Committee on amounts in excess of the above-stated amount. Without prejudice to the foregoing, each Non-Operator shall have the right to be represented by its own counsel at its own expense in the settlement, compromise or defense of such claims or suits. (B) Any Non-Operator shall promptly notify the other Parties of any claim made against such Non-Operator by a third party that arises out of or may affect the Joint Operations, and such Non-Operator shall defend or settle the same in accordance with any directions given by the Operating Committee. Those costs, expenses and damages incurred pursuant to such defense or settlement which are attributable to Joint Operations shall be for the Joint Account. (C) Notwithstanding Article 4.5(A) and Article 4.5(B), each Party shall have the right to participate in any such suit, prosecution, defense or settlement conducted in accordance with Article 4.5(A) and Article 4.5(B), at its sole cost and expense; provided always that no Party may settle its Participating Interest share of any claim without first satisfying the Operating Committee that it can do so without prejudicing the interests of the Joint Operations.

Appears in 1 contract

Samples: International Operating Agreement (Geoglobal Resources Inc.)

Settlement of Claims and Lawsuits. (A) Operator shall promptly notify the Parties of any and all material claims or suits that relate in any way to Joint Operations. Subject to approval of the Operating Committee, Operator shall represent the Parties and defend or oppose the claim or suit. Operator may in its sole discretion compromise or settle any such claim or suit or any related series of claims or suits for an amount not to exceed the equivalent of fifty thousand Dollars Five Thousand ($50,0005,000) U.S. dollars, exclusive of legal fees. Operator shall obtain the approval and direction of the Operating Committee on amounts in excess of the above-stated amount. Without prejudice to the foregoing, each Non-Operator shall have the right to be represented by its own counsel at its own expense in the settlement, compromise or defense of such claims or suits. (B) Any Non-Operator shall promptly notify the other Parties of any claim made against such Non-Operator by a third party that arises out of or may affect the Joint Operations, and such Non-Operator shall defend or settle the same in accordance with any directions given by the Operating Committee. Those costs, expenses and damages incurred pursuant to such defense or settlement which are attributable to Joint Operations shall be for the Joint Account. (C) Notwithstanding Article 4.5(A) and Article 4.5(B), each Party shall have the right to participate in any such suit, prosecution, defense or settlement conducted in accordance with Article 4.5(A) and Article 4.5(B), at its sole cost and expense; provided always that no Party may settle its Participating Interest share of any claim without first satisfying the Operating Committee that it can do so without prejudicing the interests of the Joint Operations.

Appears in 1 contract

Samples: Operating Agreement (Refinery Science Corp)

Settlement of Claims and Lawsuits. (A) Operator shall promptly notify the Parties of any and all material claims or suits that and such other claims and suits as the Operating Committee may direct which arise out of Joint Operations or relate in any way to Joint Operations. Subject to approval of the Operating Committee, Operator shall represent the Parties and defend or oppose the claim or suit. Operator may in its sole discretion compromise or settle any such claim or suit or any related series of claims or suits for an amount not to exceed the equivalent of U.S. dollars fifty thousand Dollars (U.S. $50,000) exclusive of legal fees. Operator shall obtain the approval and direction of the Operating Committee on amounts in excess of the above-above stated amount. Without prejudice to the foregoing, each Each Non-Operator shall have the right to be represented by its own counsel at its own expense in the settlement, compromise or defense of such claims or suits. (B) Any Non-Operator shall promptly notify the other Parties of any claim made against such Non-Operator by a third party that which arises out of or may affect the Joint Operations, and such Non-Operator shall defend or settle the same in accordance with any directions given by the Operating Committee. Those costs, expenses and damages incurred pursuant to such defense or settlement which are attributable to Joint Operations shall be for the Joint Account. (C) Notwithstanding Not-withstanding Article 4.5(A4.6(A) and Article 4.5(B4.6(B), each Party shall have the right to participate in any such suit, prosecution, defense or settlement conducted in accordance with Article 4.5(A4.6(A) and Article 4.5(B), 4.6(B) at its sole cost and expense; provided always a1ways that no Party may settle its Participating Interest share of any claim without first satisfying the Operating Committee that it can do so without prejudicing the interests of the Joint OperationsOperations or the other Parties.

Appears in 1 contract

Samples: Operating Agreement (Transatlantic Petroleum Corp)

Settlement of Claims and Lawsuits. (A) Operator shall promptly notify the Parties of any and all material claims or suits that relate in any way to Joint Operations. Subject to approval of the Operating Committee, Operator shall represent the Parties and defend or oppose the claim or suit. Operator may in its sole discretion compromise or settle any such claim or suit or any related series of claims or suits for an amount not to exceed the equivalent of fifty thousand Dollars One Hundred and Fifty Thousand United States dollars ($50,000US$150,000.00) exclusive of legal fees. Operator shall obtain the approval and direction of the Operating Committee on amounts in excess of the above-stated amount. Without prejudice to the foregoing, each Non-Operator shall have the right to have reasonable access to and to be provided with all reasonable information and documents of the Operator regarding the claim and to be represented by its own counsel at its own expense in the settlement, compromise or defense defence of such claims or suits. (B) Any Non-Operator shall promptly notify the other Parties of any claim made against such Non-Operator by a third party that arises out of or may affect the Joint Operations, and such Non-Operator shall defend or settle the same in accordance with any directions given by the Operating Committee. Those costs, expenses and damages incurred pursuant to such defense defence or settlement settlement, which are attributable to Joint Operations Operations, shall be for the Joint Account. (C) Notwithstanding Article 4.5(A) and Article 4.5(B), each Party shall have the right to participate in any such suit, prosecution, defense defence or settlement conducted in accordance with Article 4.5(A) and Article 4.5(B), at its sole cost and expense; provided always that no Party may settle its Participating Interest share of any claim without first satisfying the Operating Committee that it can do so without prejudicing the interests of the Joint Operations.

Appears in 1 contract

Samples: Joint Operating Agreement

Settlement of Claims and Lawsuits. (A) Operator shall promptly notify the Parties of any and all material claims or suits that and such other claims and suits as the Operating Committee may direct which arise out of Joint Operations or relate in any way to Joint Operations. Subject to approval of the Operating Committee, Operator shall represent the Parties and defend or oppose or settle the claim or suit. Operator may in its sole discretion compromise or settle any such claim or suit or any related series of claims or suits for an amount not to exceed the equivalent of fifty one hundred thousand (U.S.$100,000) Dollars ($50,000U.S.) exclusive inclusive of legal fees. Operator shall obtain the approval and direction of the Operating Committee on amounts in excess of the above-above stated amount. Without prejudice to the foregoing, each Each Non-Operator shall have the right to be represented by its own counsel at its own expense in the settlement, compromise or defense of such claims or suits. (B) Any Non-Operator shall promptly notify the other Parties of any claim made against such Non-Operator by a third party that which arises out of or which may affect the Joint Operations, Operations and such Non-Operator shall defend or settle the same in accordance with any directions given by the Operating Committee. Those costs, expenses and damages incurred pursuant to such defense or settlement which are attributable to Joint Operations shall be for the Joint Account. (C) Notwithstanding Article 4.5(A) and Article 4.5(B), each Party shall have the right to participate in any such suit, prosecution, defense or settlement conducted in accordance with Article 4.5(A) and Article 4.5(B), ) at its sole cost and expense; provided always that no Party may settle its Participating Interest share of any claim without first satisfying the Operating Committee that it can do so without prejudicing the interests of the Joint Operations.

Appears in 1 contract

Samples: Joint Operating Agreement (Drucker Industries Inc)

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