Claims and Suits. (a) The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Bank with respect to which the Receiver has indemnified the Assuming Bank in the same manner and to the same extent as provided in Article XII, and (ii) defend or settle any claim or suit against the Assuming Bank with respect to any Liability Assumed, which claim or suit may result in a loss to the Receiver arising out of or related to this Agreement, or which existed against the Failed Bank on or before Bank Closing. The exercise by the Receiver of any rights under this Section 9.3(a) shall not release the Assuming Bank with respect to any of its obligations under this Agreement.
(b) In the event any action at law or in equity shall be instituted by any Person against the Receiver and the Corporation as codefendants with respect to any asset of the Failed Bank retained or acquired pursuant to this Agreement by the Receiver, the Receiver agrees, at the request of the Corporation, to join with the Corporation in a petition to remove the action to the United States District Court for the proper district. The Receiver agrees to institute, with or without joinder of the Corporation as coplaintiff, any action with respect to any such retained or acquired asset or any matter connected therewith whenever notice requiring such action shall be given by the Corporation to the Receiver.
Claims and Suits. (a) The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Institution with respect to which the Receiver has indemnified the Assuming Institution in the same manner and to the same extent as provided in Article XII, and
Claims and Suits. (a) The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Institution with respect to which the Receiver has indemnified the Assuming Institution in the same manner and to the same extent as provided in Article XII, and (ii) defend or settle any claim or suit against the Assuming Institution with respect to any Liability Assumed, which claim or suit may result in a loss to the Receiver arising out of or related to this Agreement, or which existed against the Failed Bank on or before Bank Closing. The exercise by the Receiver of any rights under this Section 9.3(a) shall not release the Assuming Institution with respect to any of its obligations under this Agreement. Module 1 – Whole Bank w/ Loss Share – P&A Unity National Bank Version 2.01 Cartersville, Georgia February 24, 2010 30
(b) In the event any action at law or in equity shall be instituted by any Person against the Receiver and the Corporation as codefendants with respect to any asset of the Failed Bank retained or acquired pursuant to this Agreement by the Receiver, the Receiver agrees, at the request of the Corporation, to join with the Corporation in a petition to remove the action to the United States District Court for the proper district. The Receiver agrees to institute, with or without joinder of the Corporation as coplaintiff, any action with respect to any such retained or acquired asset or any matter connected therewith whenever notice requiring such action shall be given by the Corporation to the Receiver.
Claims and Suits. For the following questions, the term “owner” does not include owners of stock in your firm if your firm is a publicly traded corporation.
13.1 In the past three years, has your firm or any of its owners, partners, officers or employees been a defendant in court on a matter related to:
13.1.1 The performance, non-performance, default, or breach of a contract or agreement? □ Yes □ No
13.1.2 A vehicle collision or other accident involving your firm’s tow truck operator? □ Yes □ No
13.1.3 Bodily injury or personal injury (xxxxx, slander, false imprisonment) to a customer? □ Yes □ No
13.1.4 Employment-related litigation brought by an employee of your firm? □ Yes □ No
Claims and Suits. Has your organization ever failed to complete any work awarded to it? If yes, explain: Has your organization filed any lawsuits or requested arbitration with regard to construction contracts within the last five years? If yes, explain:
Claims and Suits. (a) The Receiver shall have the right, in its discretion, to (i) defend or settle any claim or suit against the Assuming Bank with respect to which the Receiver has indemnified the Assuming Bank in the same manner and to the same extent as provided in Article XII, and (ii) defend or settle any claim or suit against the Assuming Bank with respect to any Liability Assumed, which claim or suit may result in a loss to the Receiver arising out of or related to this Whole Bank P&A w/Loss Sharing COUNTY BANK 6 February 2009 MERCED, CA Agreement, or which existed against the Failed Bank on or before Bank Closing. The exercise by the Receiver of any rights under this Section 9.3(a) shall not release the Assuming Bank with respect to any of its obligations under this Agreement.
(b) In the event any action at law or in equity shall be instituted by any Person against the Receiver and the Corporation as codefendants with respect to any asset of the Failed Bank retained or acquired pursuant to this Agreement by the Receiver, the Receiver agrees, at the request of the Corporation, to join with the Corporation in a petition to remove the action to the United States District Court for the proper district. The Receiver agrees to institute, with or without joinder of the Corporation as coplaintiff, any action with respect to any such retained or acquired asset or any matter connected therewith whenever notice requiring such action shall be given by the Corporation to the Receiver.
Claims and Suits. Manager shall be advised by CRDA (and CRDA shall continually keep Manager apprised) of CRDA’s procedures and requirements in respect to handling, defense and settlement of third party claims filed with and lawsuits filed against CRDA with respect to the Civic Center, including in connection with Facility Operations. Manager agrees to implement and comply with such procedures and requirements as it has been advised of by CRDA and applicable claim and settlement requirements of policies of insurance provided pursuant to Article XIV. In the event that Manager is also named as a defendant, the Parties agree to discuss and cooperate in the defense of such matter, subject to applicable conflict of interest and insurance requirements. All settlements to which CRDA is a party or which otherwise constitute Operating Expenses (except monetary settlements within the applicable policy limits recommended by the insurance carrier, deductibles and self-insured retentions) shall be subject to the approval of CRDA. Both Parties agree that they will immediately notify the other party in writing of any third party claim, threatened litigation or lawsuit filed which relates to the Civic Center or Facility Operations. Nothing in this Section 6.08 authorizes Manager to accept service of process on behalf of CRDA or the State or to consent to jurisdiction or suit in connection with any such third party claims or lawsuits.
Claims and Suits. Seller has not entered into any agreement including leases or rental agreements with reference to the Property and neither Seller nor the Property are subject to any claim, demand, suit, unfiled lien, proceeding or litigation of any kind, pending or outstanding, or to the knowledge of Seller, threatened or likely to be made or instituted which would in any way be binding upon Buyer or its successors or assigns or affect or limit Buyer’s full use and enjoyment of the Property or which would limit or restrict in any way Seller’s right or ability to enter into this contract and consummate the sale and purchase contemplated hereby.
Claims and Suits. (If the answer to any of the questions below is yes, please attach details.)
Claims and Suits. (If the answer to any of the questions below is yes, please include details.) •Has organization ever failed to complete any work awarded to it? If so, describe the circumstances and parties involved, in detail. •Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against organization or its officers? •Has organization filed any lawsuits or requested arbitration with regard to contracts within the last five years?
