Common use of Third Party Claim Reimbursement Clause in Contracts

Third Party Claim Reimbursement. (a) In the case of a Liability relating to a Third Party Claim and caused by the Fault of a General Partner, its Affiliates or any of their respective officers, directors or employees (acting in their capacities as such) against whom reimbursement is being sought, such General Partner hereby agrees to reimburse the Partnership for such Liability to the extent that: (i) the Liability relates to a Third Party Claim that has been finally resolved and that the Partnership has actually paid (an "Expense"); (ii) the Expense is not covered by insurance carried by the Partnership (excluding any amounts relating to insured claims to the extent that they fall within deductibles or self-insured retentions or are above applicable coverage limits); and (iii) the Expense is not offset by third party indemnification or otherwise; provided, however, that such General Partner shall reimburse the Partnership for the Expense only to the extent and in proportion to its Fault. (b) Any claim by the Partnership for reimbursement under this Section may be initiated upon written notice from a Nonconflicted General Partner to the General Partner to whom the Partnership is entitled to look for indemnification, and the General Partners shall have a period of 60 days during which to reach unanimous agreement as to the terms on which any reimbursement shall be made. If the General Partners are unable to agree or there are any disputes over Fault and reimbursement under this Section, such matters shall be resolved pursuant to the Dispute Procedures.

Third Party Claim Reimbursement. (a) In the case of a Liability relating to a Third Party Claim and caused by the Fault of a General Partner, its Affiliates or any of their respective officers, directors or employees (acting in their capacities as such) against whom reimbursement is being sought, such General Partner hereby agrees to reimburse the Partnership for such Liability to the extent that: (i) the Liability relates to a Third Party Claim that has been finally resolved and that the Partnership has actually paid (an "“Expense"”); (ii) the Expense is not covered by insurance carried by the Partnership (excluding any amounts relating to insured claims to the extent that they fall within deductibles or self-insured retentions or are above applicable coverage limits); and (iii) the Expense is not offset by third party indemnification or otherwise; provided, however, that such General Partner shall reimburse the Partnership for the Expense only to the extent and in proportion to its Fault. (b) Any claim by the Partnership for reimbursement under this Section may be initiated upon written notice from a Nonconflicted General Designating Partner to the General Partner to whom the Partnership is entitled to look for indemnification, and the General Designating Partners shall have a period of 60 days during which to reach unanimous agreement as to the terms on which any reimbursement shall be made. If the General Designating Partners are unable to agree or there are any disputes over Fault and reimbursement under this Section, such matters shall be resolved pursuant to the Dispute Procedures.

Third Party Claim Reimbursement. (a) In the case of a Liability relating to a Third Party Claim and caused by the Fault of a General Partner, its Affiliates or any of their respective officers, directors or employees (acting in their capacities as such) against whom reimbursement is being sought, such General Partner hereby agrees to reimburse the Partnership for such Liability to the extent that: (i) the Liability relates to a Third Party Claim that has been finally resolved and that the Partnership has actually paid (an "Expense"); (ii) the Expense is not covered by insurance carried by the Partnership (excluding any amounts relating to insured claims to the extent that they fall within deductibles or self-insured retentions or are above applicable coverage limits); and (iii) the Expense is not offset by third party indemnification or otherwise; provided, however, that such General Partner shall reimburse the Partnership for -------- ------- the Expense only to the extent and in proportion to its Fault. (b) Any claim by the Partnership for reimbursement under this Section may be initiated upon written notice from a Nonconflicted General Partner to the General Partner to whom the Partnership is entitled to look for indemnification, and the General Partners shall have a period of 60 days during which to reach unanimous agreement as to the terms on which any reimbursement shall be made. If the General Partners are unable to agree or there are any disputes over Fault and reimbursement under this Section, such matters shall be resolved pursuant to the Dispute Procedures.

Third Party Claim Reimbursement. (a) In the case of a Liability relating to a Third Party Claim and caused by the Fault of a General Partner, its Affiliates or any of their respective officers, directors or employees (acting in their capacities as such) against whom reimbursement is being sought, such General Partner hereby agrees to reimburse the Partnership for such Liability to the extent that: (i) the Liability relates to a Third Party Claim that has been finally resolved and that the Partnership has actually paid (an "Expense"); (ii) the Expense is not covered by insurance carried by the Partnership (excluding any amounts relating to insured claims to the extent that they fall within deductibles or self-insured retentions or are above applicable coverage limits); and (iii) the Expense is not offset by third party indemnification or otherwise; . provided, however, that such General Partner shall reimburse the Partnership for the Expense only to the extent and in proportion to its Fault. (b) Any claim by the Partnership for reimbursement under this Section may be initiated by a General Partner upon written notice from a Nonconflicted General Partner to the other General Partner to whom the Partnership is entitled to look for indemnificationPartner, and the General Partners shall have a period of 60 days during which to reach unanimous agreement as to the terms on which any reimbursement shall be made. If the General Partners are unable to agree or there are any disputes over Fault and reimbursement under this Section, such matters shall be resolved pursuant to the Dispute Procedures.

Third Party Claim Reimbursement. (a) In the case of a Liability relating to a Third Party Claim and caused by the Fault of a General Partner, its Affiliates or any of their respective officers, directors or employees (acting in their capacities as such) against whom reimbursement is being sought, such General Partner hereby agrees to reimburse the Partnership for such Liability to the extent that: (i) the Liability relates to a Third Party Claim that has been finally resolved and that the Partnership has actually paid (an "Expense"); (ii) the Expense is not covered by insurance carried by the Partnership (excluding any amounts relating to insured claims to the extent that they fall within deductibles or self-insured retentions or are above applicable coverage limits); and (iii) the Expense is not offset by third party indemnification or otherwise; provided, however, that such General Partner shall reimburse the -------- -------- Partnership for the Expense only to the extent and in proportion to its Fault. (b) Any claim by the Partnership for reimbursement under this Section may be initiated upon written notice from a Nonconflicted General Partner to the General Partner to whom the Partnership is entitled to look for indemnification, and the General Partners shall have a period of 60 days during which to reach unanimous agreement as to the terms on which any reimbursement shall be made. If the General Partners are unable to agree or there are any disputes over Fault and reimbursement under this Section, such matters shall be resolved pursuant to the Dispute Procedures.