Claims and Litigation Clause Samples
The Claims and Litigation clause outlines the procedures and responsibilities of the parties in the event of a legal claim or lawsuit arising from the agreement. It typically specifies how claims should be reported, the process for handling or defending against litigation, and may address issues such as indemnification or cooperation between the parties. This clause ensures that both parties understand their obligations in managing legal disputes, thereby reducing confusion and helping to allocate risk and responsibility in the event of a claim.
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Claims and Litigation. 11 3.12.6 Qualification................................................................ 11 3.12.7 Funding Status............................................................... 11 3.12.8 Excise Taxes................................................................. 12 3.12.9
Claims and Litigation. 16.1 Nothing in this clause 16 (Claims and Litigation) shall be interpreted as affecting the reservation to NHS England of the Reserved Functions.
16.2 Except in the circumstances set out in clause 16.5 and subject always to compliance with this clause 16 (Claims and Litigation), the ICB shall be responsible for and shall retain the conduct of any Claim.
Claims and Litigation. Except as accurately set forth in Section 4.27(e) of the Disclosure Statement, no Litigation or claims (other than routine claims for benefits) are pending or, to the knowledge of the Company, threatened against, or with respect to, any of the Plans or with respect to any fiduciary, administrator or sponsor thereof (in their capacities as such), or any party-in-interest thereof.
Claims and Litigation. No pending or, to the Company's knowledge, threatened, claims, suits or other proceedings exist with respect to any Employee Benefit Plan other than normal benefit claims filed by participants or beneficiaries.
Claims and Litigation. Promptly inform Lender in writing of (1) all material adverse changes in Borrower's financial condition, and (2) all existing and all threatened litigation, claims, investigations, administrative proceedings or similar actions affecting Borrower or any Guarantor which could materially affect the financial condition of Borrower or the financial condition of any Guarantor.
Claims and Litigation. There are no lawsuits, threats of litigation, claims, or other demands affecting or involving any Party, whether known or unknown, arising or accruing before the date of this Agreement, that may become a liability or obligation of any other Party or adversely affect the this transaction.
Claims and Litigation. 14.1. Schedule 2 (Delegated Functions) sets out further detail in relation to the performance management of the Primary Medical Services Contracts.
14.2. Nothing in this clause 14 (Claims and Litigation) shall be interpreted as affecting the reservation to NHS England of the Reserved Functions (including the reservation to NHS England of all functions in relation to the performers list activities).
14.3. Except in the circumstances set out in clause 14.7 and subject always to compliance with this clause 14 (Claims and Litigation), the CCG shall be responsible for and shall retain the conduct of any Claim.
14.4. The CCG must:
14.4.1. comply with any policy issued by NHS England from time to time in relation to the conduct of or avoidance of Claims and/or the pro-active management of Claims;
14.4.2. without prejudice to clause 14.4.1, in respect of legal advice or assistance in relation to a Claim, comply with any requirements of NHS England from time to time (whether set out in a policy issued pursuant to clause 14.4.1 or otherwise) in relation to the use of solicitors or barristers and, at the date of this Agreement, NHS England’s requirement is that a CCG must obtain prior approval from NHS England in respect of the firm of solicitors instructed to provide legal advice or assistance in relation to a Claim;
14.4.3. if it receives any correspondence, issue of proceedings, claim document or other document concerning any Claim or potential Claim, immediately notify NHS England and send to NHS England all copies of such correspondence;
14.4.4. co-operate fully with NHS England in relation to such Claim and the conduct of such Claim;
14.4.5. provide, at its own cost, to NHS England all documentation and other correspondence that NHS England requires for the purposes of considering and/or resisting such Claim; and/or
14.4.6. at the request of NHS England, take such action or step or provide such assistance as may in NHS England’s discretion be necessary or desirable having regard to the nature of the Claim and the existence of any time limit in relation to avoiding, disputing, defending, resisting, appealing, seeking a review or compromising such Claim or to comply with the requirements of the NHSLA or any insurer in relation to such Claim.
14.5. NHS England shall use its reasonable endeavours to keep the CCG informed in respect of the conduct and/or outcome of the Claim except that NHS England shall have no obligation to do so due to any administrative or regul...
Claims and Litigation. There are no material claims, demands, actions, suits, governmental inquiries, or proceedings pending, or to Farmee’s knowledge, threatened, against Farmee which would have an adverse effect upon the consummation of the transactions contemplated by this Agreement.
Claims and Litigation. Except as set forth in Schedule 3.13, no pending or, to the actual knowledge of the Company, threatened, claims, suits or other proceedings exist with respect to an Employee Benefit Plan, other than normal benefit claims filed by participants or beneficiaries.
Claims and Litigation. Except as to matters arising with respect to a particular Prospect after the Program Operating Agreement has become applicable as to all further operations thereon under the provisions of this Agreement (as to which the provisions of such Program Operating Agreement will govern), all investigation, litigation and settlements in connection with titles, claims and causes of action of every kind and joint rights and interests of the members of the McMoRan Group in the Program Area in connection with the Program shall be carried on, conducted and defended for and on behalf of all members of the McMoRan Group involved. Each party shall notify the others of any process served upon it in any such suit or claim. Where a claim has been made or a suit has been filed against McMoRan or Participant or any other member of the McMoRan Group for damages caused by or arising out of operations the expense of which is charged to the Exploration Fund as authorized herein, McMoRan shall retain legal counsel to handle the defense of such suit or claim and notify Participant and other members of the McMoRan Group involved of the retention of such legal counsel. The cost of such legal services shall be charged in the same manner as Exploration Expenditures are charged. Participant may, if it so chooses, elect to retain its own legal counsel (at Participant's expense) to defend its interests in any such suit or claim; and in such event the claim or suit shall be defended by a committee of attorneys selected by and representing the separate interests of the respective members of the McMoRan Group (with each member of the McMoRan Group being responsible for the fees and expenses of its own counsel), with McMoRan's counsel as chairperson. All settlements of suits and claims shall be subject to the approval of Participant; except that McMoRan may settle any claim under $100,000 without first receiving Participant's approval, provided the payment is in complete settlement. The costs and expenses involved in those matters which are subject to the provisions of this Paragraph 25.3 shall be shared and borne solely by the parties who participated in such operation or Leasehold Interests in proportion to their respective participation in the applicable operation or Leasehold Interests. McMoRan agrees to keep Participant advised as to claims for which Participant may be partly responsible hereunder.