Costs of Defense means reasonable and necessary legal fees, costs and expenses incurred in the investigation, defense or appeal of any Claim, including the costs of an appeal bond, attachment bond or similar bond (but the Insurer shall not have any obligation to apply for or furnish such bonds); provided, however, Costs of Defense shall not include salaries, wages, overhead or benefit expenses associated with any Insured.
Costs of Defense means reasonable and necessary legal fees, costs and expenses incurred in the investigation or defense of any Claim, including the costs of any appeal or appeal bond, attachment bond or similar bond (but without any obligation on the part of the Insurer to apply for or furnish such bonds); provided, however, Costs of Defense shall not include: (1) salaries, wages, overhead or benefit expenses associated with any Insured Persons, and (2) any amounts incurred in defense of any Claim which any other insurer has a duty to defend, regardless of whether or not such other insurer undertakes such duty.
Costs of Defense means reasonable and necessary fees, costs and expenses (including premiums for any appeal bond, attachment bond or similar bond, but without any obligation to apply for or furnish any such bond) resulting solely from the investigation, adjustment, defense and appeal of a covered or potentially covered “Claim” against the “Insureds”, but excluding salaries, wages, overhead or benefit expenses associated with any “Insured”, or any amount covered by the duty to defend obligation of any other insurer.
Examples of Costs of Defense in a sentence
The indemnities provided for in Section 10.17(b) are independent of and in addition to any other rights of any Indemnified Person in connection with any Claim or Costs of Defense hereunder, under any other agreement, or at law.
The Insurer shall not assert that a Loss incurred in a Securities Claim alleging violations of Section 11 or 12 of the Securities Act of 1933, as amended, constitutes an uninsurable loss and, subject to all other terms and conditions of the Policy, shall treat that portion of all such settlements, judgments and Costs of Defense as constituting Loss under the Policy.
Such Costs of Defense shall serve to reduce and may totally exhaust the Limit of Liability.
Notwithstanding the forgoing, if the services provided under this Agreement are design professional services, as defined by California Civil Code section 2782.8, as may be amended from time to time, the defense and indemnity obligation under Section 1, above, shall be limited to the extent required by California Civil Code section 2782.8. 4.3 Costs of Defense and Award.
No retention will apply under this Coverage Part to Loss, including Costs of Defense, incurred by an Insured Person if advancement or indemnification of such Loss by the Public Entity is neither required nor permitted under applicable law or, if advancement or indemnification of such Loss by the Public Entity is required or permitted under applicable law, such advancement or indemnification is not made solely by reason of the Public Entity’s Financial Insolvency.
More Definitions of Costs of Defense
Costs of Defense has the meaning set forth in Section 9.10.
Costs of Defense. As defined in Section 10.17(b)(i).
Costs of Defense means reasonable and necessary legal fees, costs and expenses incurred subject to Section VI, resulting solely from the investigation, defense or appeal of any Claim against an Insured, (including the costs of an appeal bond, attachment bond or similar bond but will not include the obligation to apply for or furnish such bonds). Costs of Defense shall not include any salaries, wages, overhead, benefits or benefit expenses associated with any Insured. Costs of Defense shall not include any fees, costs or expenses incurred prior to the date that a Claim is first reported to the Insurer. Costs of Defense will, however, include legal fees necessary to respond to a potential Claim identified under Section VII. B. if incurred at the Insurer’s request and direction.
Costs of Defense means reasonable and necessary legal fees, costs and expenses incurred in the investigation, defense or appeal of any Claim, including the costs of an appeal bond, attachment bond or similar bond; provided, however, that the Insurer will have no obligation to apply for or furnish any such bond. Costs of Defense shall not include any compensation, including salaries, wages, bonus, commission, benefits or other earnings of an employee of any Insured.
Costs of Defense means costs, fees, and expenses incurred by or imposed on any Indemnified Person in defending, analyzing, settling, or resolving a Loss or Potential Loss (as defined below), and the expenses associated with the making of any affirmative claim in connection therewith. The term “Potential Loss” shall mean any event, fact, condition, or circumstance that is reasonably likely to give rise to a Loss. The Indemnity shall not apply to the extent that a court or arbitral tribunal with jurisdiction over the Loss and each Indemnified Person who has a Loss or Costs of Defense in connection therewith renders a final determination that the Loss or Costs of Defense resulted from (a) the gross negligence or willful misconduct of the Indemnified Person, or (b) OPIC’s failure to perform any act required of it relating to the Loan. The Indemnity is independent of and in addition to (i) any rights of any party hereto in connection with any Loss or Costs of Defense, and (ii) any other agreement, and shall survive the execution, modification, and amendment of this Agreement and the other Transaction Documents, the expiration, cancellation, or termination of the Commitment, the disbursement and repayment of the Loan, and the provisions of any other indemnity. Any exclusion of an obligation to pay any amount under this Section shall not affect the requirement to pay such amount under any other Section hereof or under any other agreement. OPIC and each Indemnified Person shall have the right to control its, his, or her defense, provided, however, that each Indemnified Person shall: (a) notify the Borrower in writing as soon as practicable of any Loss, Potential Loss, or Cost of Defense, and (b) keep the Borrower reasonably informed of material developments with respect thereto. In exercising the right and power to control his, her, or its actions in connection with a Loss or Potential Loss, including a decision to settle any such Loss, each Indemnified Person shall, taking into account the nature and policies of such Indemnified Person (i) consult with the Borrower, and (ii) act as such Indemnified Person would act if the Costs of Defense or settlement were to be paid by such Indemnified Person. The Borrower acknowledges and agrees that each Indemnified Person is an express, third-party beneficiary of the Borrower’s obligations under this Section 9.11.
Costs of Defense shall have the meaning given in the Policy, as modified by all endorsements and amendments through the date of this Agreement.
Costs of Defense means reasonable and necessary legal fees, costs and expenses incurred in the investigation, defense or appeal of any Claim, including the costs of an appeal bond, attachment bond or similar bond (but without obligation on the part of the Insurer to apply for or furnish such bonds); provided, however, Costs of Defense shall not include salaries, wages, overhead or benefit expenses associated with any Insured. If an Insured has elected to assume the defense pursuant to Section II.B, Costs of Defense shall only be reimbursable when the Insurer has consented in advance and in writing to the incurring of such reasonable and necessary legal fees, costs and expenses, such consent to not be unreasonably withheld.