Loss Adjustment and Settlement. Any loss insured by the property related policies of insurance required to be maintained pursuant to Sections 1(a)-(b) of this [Schedule 8.4.1] shall be adjusted with the respective insurance companies, including the filing in a timely manner of appropriate proceedings, by the Collateral Parties, in consultation with Agent if such loss is in excess of ​ individually or ​ in the aggregate. In addition, the Collateral Parties may, in their reasonable judgment, consent to the settlement of any loss, provided that in the event that the amount of the loss exceeds ​ in the aggregate or ​ in the aggregate the terms of such settlement is agreed in writing by Agent.

Loss Adjustment and Settlement. Any loss insured under a policy of property insurance required to be maintained pursuant to [Sections 1.1(a)-(c)] of this [Schedule 5.17] shall be adjusted with the respective insurance companies, including the filing in a timely manner of appropriate proceedings, by the Borrower, with the approval of the Lenders if such loss is in excess of $250,000 for any one casualty or loss or an aggregate of $250,000 in any fiscal year. In addition, the Borrower may, in its reasonable judgment, consent to the settlement of any loss, provided, that in the event that the amount of the loss exceeds $250,000 any one casualty or loss in any fiscal year, the terms of such settlement is agreed in writing by the Lenders. The Lenders shall be entitled at their option to participate in any such compromise, adjustment or settlement of a loss in excess of $250,000 for any one casualty or in excess of $250,000 in the aggregate in any fiscal year.

Loss Adjustment and Settlement. Any loss insured under a policy of property insurance required to be maintained pursuant to [Sections 1.1(a)-(c)] of this [Schedule 5.17] shall be adjusted with the respective insurance companies, including the filing in a timely manner of appropriate proceedings, by the Borrower, with the approval of the Lenders if such loss is in excess of $250,000 for any one casualty or loss or an aggregate of $250,000 in any fiscal year. In addition, the Borrower may, in its reasonable judgment, consent to the settlement of any loss, provided, that in the event that the amount of the loss exceeds $250,000 any one casualty or loss in any fiscal year, the terms of such settlement is agreed in writing by the Lenders. The Lenders shall be entitled at their option to participate in any such compromise, adjustment or settlement of a loss in excess of $250,000 for any one casualty or in excess of $250,000 in the aggregate in any fiscal year.

Loss Adjustment and Settlement. Any loss insured under a policy of property insurance required to be maintained pursuant to [Sections 1.1(a)-(c)] of this [Schedule 5.17] shall be adjusted with the respective insurance companies, including the filing in a timely manner of appropriate proceedings, by the Borrower, with the approval of the Administrative Agent if such loss is in excess of $250,000 for any one casualty or loss or an aggregate of $250,000 in any fiscal year. In addition, the Borrower may, in its reasonable judgment, consent to the settlement of any loss, provided, that in the event that the amount of the loss exceeds $250,000 any one casualty or loss in any fiscal year, the terms of such settlement is agreed in writing by the Administrative Agent. The Administrative Agent shall be entitled at their option to participate in any such compromise, adjustment or settlement of a loss in excess of $250,000 for any one casualty or in excess of $250,000 in the aggregate in any fiscal year.

“Loss Adjustment Expense” as used herein shall mean all costs and expenses allocable to a specific claim that are incurred by the Company in the investigation, appraisal, adjustment, settlement, litigation, arbitration, defense, disposition or appeal of a specific claim, including court costs and costs of supersedeas and appeal bonds, and including 1) pre‑judgment interest, unless included as part of the award or judgment; 2) post‑judgment interest; 3) legal expenses and costs incurred in connection with coverage questions and legal actions connected thereto, including Declaratory Judgment Expense; and 4) a pro rata share of salaries and expenses of Company field employees, and expenses of other Company employees who have been temporarily diverted from their normal and customary duties and assigned to the field adjustment of losses covered by this Contract. Loss Adjustment Expense does not include unallocated loss adjustment expense. Unallocated loss adjustment expense includes, but is not limited to, salaries and expenses of employees, other than # above, and office and other overhead expenses.

“Loss Adjustment Expense” as used herein shall mean all costs and expenses allocable to a specific claim that are incurred by the Company in the investigation, appraisal, adjustment, settlement, litigation, arbitration, defense, disposition or appeal of a specific claim, including court costs and costs of supersedeas and appeal bonds, and including 1) pre‑judgment interest, unless included as part of the award or judgment; 2) post‑judgment interest; 3) legal expenses and costs incurred in connection with coverage questions and legal actions connected thereto, including Declaratory Judgment Expense; and 4) a pro rata share of salaries and expenses of Company field employees, and expenses of other Company employees who have been temporarily diverted from their normal and customary duties and assigned to the field adjustment of losses covered by this Contract. Loss Adjustment Expense does not include unallocated loss adjustment expense. Unallocated loss adjustment expense includes, but is not limited to, salaries and expenses of employees, other than # above, and office and other overhead expenses.

American Interstate Insurance Company

“Loss Adjustment Expense” means costs and expenses incurred by the Company in connection with the investigation, appraisal, adjustment, settlement, litigation, defense or appeal of a specific claim or loss, or alleged loss, including but not limited to:

Proof of Loss and Settlement of Claims. Subject to [Section 2.07(a) and (e)])], If any Damage occurs and some or all of it is covered by insurance, then Lender may, but is not obligated to, make proof of loss if not made promptly by the applicable Borrower, and Lender is authorized and empowered by Borrowers to settle, adjust, or compromise any claims for such Damage. Notwithstanding the foregoing, Borrowers shall have the right to settle, adjust or compromise any claim for Damage if the total amount of such claim is less than the Casualty Threshold; provided that, Borrowers promptly use such insurance proceeds for Restoration of the Damage and provide evidence thereof to Lender in a manner acceptable to Lender.

Adjustment. In the event of certain corporate transactions, the Committee shall adjust the RSUs as set forth in [Section 3.2] of the Plan.