Common use of SUBROGATION UPON PAYMENT OR SETTLEMENT Clause in Contracts

SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to xxx, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation.

Appears in 1 contract

Samples: Agreement of Sublease (Information Analysis Inc)

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SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to xxxsue, compromise xxmpromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation.

Appears in 1 contract

Samples: First Lease Modification Agreement (Printpack Inc)

SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant, except that the owner of the indebtedness secured by the insured mortgage may release or substitute the personal liability of any debtor or guarantor, or extend or otherwise modify the terms of payment, or release a portion of the estate or interest from the lien of the insured mortgage, or release any collateral security for the indebtedness, provided such act occurs prior to receipt by the insured of notice of any claim of title or interest adverse to the title to the estate or interest or the priority of the lien of the insured mortgage and does not result in any loss of priority of the lien of the insured mortgage. The Company shall be subrogated to and be entitled to all rights and remedies which the such insured claimant would have had against any person or property in respect to the such claim had this policy not been issued. If , and if requested by the Company, the such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this such right of subrogation. The insured claimant subrogation and shall permit the Company to xxx, compromise or settle in the name of the insured claimant and to use the name of the such insured claimant in any transaction or litigation involving these such rights or remedies. If a the payment on account of a claim does not fully cover the loss of the such insured claimant, the Company shall be subrogated to these such rights and remedies in the proportion which the Company's said payment bears to the whole amount of said loss, but such subrogation shall be in subordination to the lossinsured mortgage. If loss of priority should result from any act of the such insured claimant, as stated above, that such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation.

Appears in 1 contract

Samples: Trust and Security Agreement (Zond Windsystem Partners LTD Series 85-A)

SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which that the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to xxxsue, compromise xxmpromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which that shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation.

Appears in 1 contract

Samples: Agreement (Introgen Therapeutics Inc)

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SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the such insured claimant would have had against any person or property in respect to the such claim had this policy not been issued. If , and if requested by the Company, the such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this such right of subrogation. The insured claimant subrogation and shall permit the Company to xxx, compromise or settle in the name of the insured claimant and to use the name of the such insured claimant in any transaction or litigation involving these such rights or remedies. If a the payment on account of a claim does not fully cover the loss of the such insured claimant, the Company shall be subrogated to these such rights and remedies in the proportion which the Company's said payment bears to the whole amount of the said loss. If loss should result from any act of the such insured claimant, as stated above, that such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation.

Appears in 1 contract

Samples: Master Contribution Agreement (Pacific Gulf Properties Inc)

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