Metalclad definition
Examples of Metalclad in a sentence
This Agreement extends to any Claims made by any other insurers of Metalclad or Entrx, alleged third-party beneficiaries under the Policy, any persons or entities claiming derivative rights under the Policy, any persons or entities attempting to garnish proceeds of the Policy, or any persons or entities attempting to challenge the reasonableness or adequacy of the settlement.
Executive understands Company is a subsidiary of Metalclad Corporation, a Delaware Corporation that operates with both a Board and an Executive Committee.
Metalclad and Entrx hereby warrant and represent that the execution and delivery of this Agreement by Metalclad and the performance by Metalclad and Entrx of the obligations contemplated by this Agreement have been approved by duly authorized representatives of Metalclad and Entrx and by all other necessary corporate actions on the part of Metalclad and Entrx.
Metalclad hereby warrants and represents that it is a corporation duly organized and validly existing in good standing under the laws of the State of California and has the requisite corporate power and authority to enter into this Agreement and to perform the obligations contemplated by this Agreement.
Metalclad and Entrx hereby warrant and represent that each is the lawful owner of the rights, claims, claims of right or causes of action under the Policy as set forth and defined in this Agreement.
Metalclad acknowledges and agrees that it will only pursue these rights to the extent of, and in the amount of, such indemnified Claims.
This Agreement constitutes the valid and binding agreement of Metalclad and Entrx.
Metalclad and Entrx each represent that it has not and will not in any manner assign, transfer, convey or sell any rights, actions, causes of action or claims arising out of, related to or connected with the Policy or the matters released herein, and that Metalclad and Entrx, to the extent that it is the parent or successor to named insureds or additional named insureds under the Policy, are the only entities entitled to recover for any damages under such right, actions, causes of action or claims.
Metalclad and Entrx represent and warrant that no subrogation of any cause of action, chose in action or part hereof has taken place.
Any indemnification provided for under this Section shall be deemed also to extend to agents, consultants, representatives, successors, transferees and assigns of Metalclad and the Company.