Common use of THE EFFECT OF SUBSEQUENT DEVELOPMENTS Clause in Contracts

THE EFFECT OF SUBSEQUENT DEVELOPMENTS. In the event that subsequent developments in a case make clear that the allegations which initially preclude a request or an acceptance of a request for a defense and/or indemnification are no longer at issue therein or are without foundation, any party having a right to a defense and/or indemnification hereunder may tender such request for a defense and indemnification to the other party. Neither Retailer nor MBUSA shall be required to agree to such subsequent request for a defense and/or indemnification where that party would be unduly prejudiced by such delay.

Appears in 3 contracts

Samples: Retailer Agreement (HBL LLC), Retailer Agreement (United Auto Group Inc), Retailer Agreement (Uag Connecticut I LLC)

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THE EFFECT OF SUBSEQUENT DEVELOPMENTS. In the event that subsequent developments in a case make clear that the allegations which initially preclude a request or an acceptance of a request for a defense and/or indemnification are no longer at issue therein or are without foundation, any party having a right to a defense and/or indemnification hereunder may tender such request for a defense and indemnification to the other party. Neither Retailer Dealer nor MBUSA shall be required to agree to such subsequent request for a defense and/or indemnification where that party would be unduly prejudiced by such delay.

Appears in 2 contracts

Samples: Dealer Agreement (HBL LLC), Dealer Agreement (United Auto Group Inc)

THE EFFECT OF SUBSEQUENT DEVELOPMENTS. In the event that subsequent developments in a case make clear that the allegations which initially preclude a request or an acceptance of a request for a defense and/or indemnification are no longer at issue therein or are without foundation, any party having a right to a defense and/or indemnification hereunder may tender such request for a defense and indemnification to the other party. Neither Retailer DEALER nor MBUSA DISTRIBUTOR shall be required to agree to such subsequent request for a defense and/or indemnification where that party would be unduly prejudiced by such delay.

Appears in 2 contracts

Samples: Lexus Dealer Agreement (Firstamerica Automotive Inc /De/), Lexus Dealer Agreement (United Auto Group Inc)

THE EFFECT OF SUBSEQUENT DEVELOPMENTS. In the event that subsequent developments in a case make clear that the allegations which initially preclude precluded a request or an acceptance of a request for a defense and/or indemnification are no longer at issue therein or are without foundation, any party having a right to a defense and/or indemnification hereunder may tender such request for a defense and indemnification to the other party. Neither Retailer DEALER nor MBUSA DISTRIBUTOR shall be required to agree to such subsequent request for a defense and/or indemnification where that party would be unduly prejudiced by such delay.

Appears in 1 contract

Samples: Toyota Dealer Agreement (Lithia Motors Inc)

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THE EFFECT OF SUBSEQUENT DEVELOPMENTS. In the event that subsequent developments in a case make clear that the allegations which initially preclude a request or an acceptance of a request for a defense and/or indemnification are no longer at issue therein or are without foundationtherein, any party having a right to a defense and/or indemnification hereunder may tender such request for a defense and indemnification to the other party. Neither Retailer DEALER nor MBUSA COMPANY shall be required to agree to such subsequent request for a defense and/or indemnification where that party would be unduly prejudiced by such delay.

Appears in 1 contract

Samples: Kia Dealer Sales and Service Agreement (Sunbelt Automotive Group Inc)

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