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 (Uag Connecticut I LLC), Retailer 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 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 (United Auto Group Inc), Dealer Agreement (HBL LLC)
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: Dealer Agreement (Firstamerica Automotive Inc /De/), Automobile Dealer Sales and Service 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
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: Dealer Sales and Service Agreement (Sunbelt Automotive Group Inc)