Common use of Failure to Defend Clause in Contracts

Failure to Defend. If the Indemnifying Party, within 10 days after receipt by the Indemnifying Party of notice of any such Claim (or sooner if the nature of the Claim so requires), fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice to the Indemnifying Party) have the right to undertake the defense, compromise or settlement of such Claim, or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

Failure to Defend. If the Indemnifying Party, within 10 thirty (30) days after receipt by the Indemnifying Party of notice of any such Claim (or sooner if Claim, fails to dispute the nature obligation of the Indemnifying Party with respect to such Claim so requires), and fails to defend such Claim actively and in good faith, then the Indemnified Party will (upon further written notice to the Indemnifying Party) have the right to undertake the defense, compromise or settlement of such Claim, Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's ’s defense, compromise, settlement or consent to judgmentjudgment therein.

Failure to Defend. If the Indemnifying Party, within ----------------- 10 days after receipt by the Indemnifying Party of such notice of any such Claim (or sooner if the nature of the Claim so requires), fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice to the Indemnifying Partynotice) have the right to undertake the defense, compromise or settlement of such Claim, or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

Failure to Defend. If the Indemnifying Party, within 10 days a reasonable time after receipt by the Indemnifying Party of notice of any such Claim (or sooner if the nature of the Claim so requires)Claim, fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice to and the failure of the Indemnifying PartyParty to commence the defense of such Claim within thirty (30) days after such further notice) have the right to undertake the defense, compromise or settlement of such Claim, Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

Failure to Defend. If the Indemnifying Party, within 10 thirty ----------------- (30) days after receipt by the Indemnifying Party of notice of any such Claim (or sooner if Claim, fails to dispute the nature obligation of the Indemnifying Party with respect to such Claim so requires), and fails to defend such Claim actively and in good faith, then the Indemnified Party will (upon further written notice to the Indemnifying Party) have the right to undertake the defense, compromise or settlement of such Claim, Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgmentjudgment therein.

Failure to Defend. If the Indemnifying Party, within 10 20 days after receipt by the Indemnifying Party of notice of any such Claim (or sooner if the nature of the Claim so requires), fails to defend such Claim actively and in good faith, the Indemnified Party will shall (upon further notice to the Indemnifying Partynotice) have the right to undertake the defense, compromise or settlement of such Claim, Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's ’s defense, compromise, settlement or consent to judgmentjudgment therein.

Failure to Defend. If the Indemnifying Party, within 10 days after receipt by the Indemnifying Party of notice of any such Claim (or sooner if the nature of the Claim so requires), fails to defend such Claim actively and in good faith, the Indemnified Party will shall (upon further notice to the Indemnifying Partynotice) have the right to undertake the defense, compromise or settlement of such Claim, Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's ’s defense, compromise, settlement or consent to judgmentjudgment therein.

Failure to Defend. If the Indemnifying Party, within 10 20 days after receipt by the Indemnifying Party of notice of any such Claim (or sooner if the nature of the Claim so requires), fails to defend such Claim actively and in good faith, the Indemnified Party will (upon further notice to the Indemnifying Party) have the right to undertake the defense, compromise or settlement of such Claim, or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's ’s defense, compromise, settlement or consent to judgment.

Failure to Defend. If the Indemnifying Party, Parties fail to assume the defense of such Claim within 10 fifteen (15) days after receipt by the Indemnifying Party of notice of any such Claim (or sooner if the nature of the Claim so requires), fails thereof pursuant to defend such Claim actively and in good faiththis Section 8.2, the Indemnified Party against which such Claim has been filed or initiated will (upon further delivering notice to such effect to the Indemnifying PartyParties) have the right to undertake undertake, at the Indemnifying Parties' cost and expense, the defense, compromise or settlement of such Claim, or consent to the entry of a judgment with respect to such Claim, Claim on behalf of and for the account and risk of the Indemnifying Party, Parties and the Indemnifying Party Parties shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.

Failure to Defend. If the Indemnifying Party, within 10 ----------------- thirty (30) days after receipt by the Indemnifying Party of notice of any such Claim (or sooner if Claim, fails to dispute the nature obligation of the Indemnifying Party with respect to such Claim so requires), and fails to defend such Claim actively and in good faith, then the Indemnified Party will (upon further written notice to the Indemnifying Party) have the right to undertake the defense, compromise or settlement of such Claim, Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgmentjudgment therein.