Claims or Litigation definition
Examples of Claims or Litigation in a sentence
The Developer shall indemnify, protect and defend the City and its elected boards, commissions, officers, agents and employees (each, an “Agent”) and will hold and save them and each of them harmless from any and all Claims or Litigation (including but not limited to reasonable attorneys’ fees and costs) against the City and/or Agent for any such Claims or Litigation and shall be responsible for any judgment arising therefrom.
During any such pending litigation with respect to the Existing Development Approvals, ▇▇▇▇▇▇▇▇▇’s obligation to pay the cost of the action, including judgment, shall extend until a Final Adverse Judgment or successful final termination of the Claims or Litigation is obtained.
In light of Developer’s indemnity for Claims or Litigation, neither Party shall have the right to settle the litigation without the prior written consent of the other.
There is no Litigation pending nor, to the Sellers’ Knowledge, are any Claims or Litigation threatened against or affecting the Real Property, Real Property Leases or Right of Way or any portion thereof or interest therein, which Litigation or Claims are in the nature or in lieu of condemnation or eminent domain proceedings.
Developer agrees to indemnify the Agency, City, and their elected boards, commissions, officers, agents and employees and will hold and save them and each of them harmless from any and all actions, suites, claims, liabilities, losses, damages, penalties, obligations and expenses (including but not limited to attorneys’ fees and costs) against the City and/or Agency for any such Claims or Litigation and shall be responsible for any judgment arising therefrom.
The City will cooperate in good faith in the defense of any such Third-Party Claims or Litigation.
The City shall promptly provide the Developer with written notice (the “Notice”) of the pendency of such Third-Party Claims or Litigation within 10 days of being served of such Third-Party Claims or Litigation and shall make a written demand for defense and indemnity of the same on the Developer within a reasonable time following delivery of the Notice.
The City agrees that should City determine to settle such Third-Party Claims or Litigation in a manner that includes the payment of attorneys’ fees not ordered or awarded in such Third- Party Claims or Litigation, the City shall be entitled to reimbursement for the same upon receiving the written consent of Developer to such settlement and attorneys’ fees, which consent shall not be unreasonably withheld.
Such cooperation shall include, but not be limited to providing the Trust with (i) reasonably prompt access to any information the Trust reasonably requests in connection with its pursuit of Objections to General Unsecured Claims or its prosecution of Litigation Trust Causes of Action; and (ii) reasonable access to employees of the Reorganized Debtors with knowledge regarding the General Unsecured Claims or Litigation Trust Causes of Action.
If Agency fails promptly to notify Owner of any such Claims or Litigation or if City or Agency fails to cooperate fully in the defense thereof, Owner shall not, thereafter, be responsible to defend, indemnify, or hold harmless City and/or Agency or their elected boards, commissions, officers, agents and employees.