Additional Matters. 9.4.1 Any claim on account of a Loss which does not result from a Third Party Claim shall be asserted by written notice given by the Indemnitee to the related Indemnifying Party. Such Indemnifying Party shall have a period of thirty (30) days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond within such thirty (30) day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty (30) day period or rejects such claim in whole or in part, such Indemnitee shall be free to pursue such remedies as may be available to such Indemnitee as contemplated by this Agreement.
Appears in 6 contracts
Samples: How License Agreement, Patent And (Zoetis Inc.), Patent And (Zoetis Inc.)
Additional Matters. 9.4.1 (a) Any claim on account of a Loss which does not result from a Third Party Claim shall be asserted by written notice given by the Indemnitee to the related Indemnifying Party. Any such notice shall describe the claim in reasonable detail. Such Indemnifying Party shall have a period of thirty (30) 30 days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond within such thirty (30) -day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty (30) -day period or rejects such claim in whole or in part, such Indemnitee shall be free to pursue such remedies as may be available to such Indemnitee Party as contemplated by this AgreementAgreement and the Ancillary Agreements.
Appears in 6 contracts
Samples: Master Separation Agreement, Master Separation Agreement (Seventy Seven Energy Inc.), Master Separation Agreement (Chesapeake Oilfield Operating LLC)
Additional Matters. 9.4.1 (a) Any claim on account of a Loss Liability which does not result from a Third Party Claim shall be asserted by written notice given by the Indemnitee to the related Indemnifying Party. Such Indemnifying Party shall have a period of thirty (30) days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond within such thirty (30) day 30)-day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty (30) day 30)-day period or rejects such claim in whole or in part, such Indemnitee shall be free to pursue such remedies as may be available to such Indemnitee party as contemplated by this Agreement.
Appears in 5 contracts
Samples: Distribution Agreement (Tender Loving Care Health Care Services Inc/ Ny), Separation and Distribution Agreement (Penford Corp), Separation Agreement (Penwest Pharmaceuticals Co)
Additional Matters. 9.4.1 (a) Any claim on account of a Loss which Liability that does not result from a Third Party Claim shall be asserted by written notice given by the Indemnitee to the related Indemnifying Party. Such Indemnifying Party shall have a period of thirty (30) 30 days after the receipt of such notice within which to respond theretothereto (or sooner, if the nature of such claim so requires). If such Indemnifying Party does not respond within such thirty (30) day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty (30) day period or rejects such claim in whole or in part, such Indemnitee shall be free to pursue such other remedies as may be available to such Indemnitee as contemplated by this Agreementparty.
Appears in 4 contracts
Samples: Master Distribution, Dissolution and Cooperation Agreement (Time Warner Cable Inc.), Distribution Agreement (Aol Time Warner Inc), Contribution Agreement (Aol Time Warner Inc)
Additional Matters. 9.4.1 (a) Any claim for indemnification hereunder on account of a Loss which does not result from a Third Party Claim shall be asserted by written notice given by the Indemnitee to the related Indemnifying Party. Any such notice shall describe the claim in reasonable detail. Such Indemnifying Party shall have a period of thirty (30) 30 days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond within such thirty (30) -day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty (30) -day period or rejects such claim in whole or in part, such Indemnitee shall be free to pursue such remedies as may be available to such Indemnitee Party as contemplated by this Agreement.
Appears in 3 contracts
Samples: Master Separation Agreement, Master Separation Agreement (Noble Corp PLC), Master Separation Agreement (Paragon Offshore Ltd.)
Additional Matters. 9.4.1 (a) Any claim on account of a Loss which does not result from a Third Party Claim shall be asserted by written notice given by the Indemnitee to the related Indemnifying Party. Any such notice shall describe the claim in reasonable detail. Such Indemnifying Party shall have a period of thirty (30) 30 days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond within such thirty (30) -day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty (30) -day period or rejects such claim in whole or in part, such Indemnitee shall be free to pursue such remedies as may be available to such Indemnitee party as contemplated by this AgreementAgreement and the Ancillary Agreements.
Appears in 3 contracts
Samples: Master Separation Agreement (Todco), Master Separation Agreement (Todco), Master Separation Agreement (Transocean Inc)
Additional Matters. 9.4.1 (a) Any claim on account of a Loss which does not result from a Third Third-Party Claim shall be asserted by written notice given by the Indemnitee to the related Indemnifying Party. Such Indemnifying Party shall have a period of thirty (30) days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond within such thirty (30) -day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty (30) -day period or rejects such claim in whole or in part, such Indemnitee shall be free to pursue such remedies as may be available to such Indemnitee as contemplated by this Agreement.
Appears in 3 contracts
Samples: Separation and Distribution Agreement, Separation and Distribution Agreement (Livent Corp.), Separation and Distribution Agreement (Livent Corp.)
Additional Matters. 9.4.1 (a) Any claim on account of a Loss which does not result from a Third Party Claim shall be asserted by written notice given by the Indemnitee to the related Indemnifying Party. Any such notice shall describe the claim in reasonable detail. Such Indemnifying Party shall have a period of thirty (30) 30 days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond within such thirty (30) -day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty (30) -day period or rejects such claim in whole or in part, such Indemnitee shall be free to pursue such remedies as may be available to such Indemnitee Party as contemplated by this AgreementAgreement and the Spin-off Agreements.
Appears in 3 contracts
Samples: Separation and Distribution Agreement (Nuvectra Corp), Separation and Distribution Agreement (Greatbatch, Inc.), Separation and Distribution Agreement (Qig Group, LLC)
Additional Matters. 9.4.1 (a) Any claim on account of a Loss Liability which does not result from a Third Party Claim shall be asserted by written notice given by the Indemnitee to the related Indemnifying Party. Such Indemnifying Party shall have a period of thirty (30) days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond within such thirty thirty- (30) day 30)day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty thirty- (30) day period or rejects such claim in whole or in part, such Indemnitee shall be free to pursue such remedies as may be available to such Indemnitee party as contemplated by this AgreementAgreement or the Ancillary Agreements.
Appears in 2 contracts
Samples: Master Separation and Distribution Agreement (Pc Mall Inc), Master Separation and Distribution Agreement (Ecost Com Inc)
Additional Matters. 9.4.1 7.5.1 Any claim on account of a Loss which does not result from a Third Party Claim shall be asserted by written notice given by the Indemnitee to the related Indemnifying Party. Such Indemnifying Party shall have a period of thirty (30) days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond within such thirty (30) day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty (30) day period or rejects such claim in whole or in part, such Indemnitee shall be free to pursue such remedies as may be available to such Indemnitee as contemplated by this Agreement.
Appears in 2 contracts
Samples: Trademark and Copyright License Agreement, Form of Trademark and Copyright License Agreement (Zoetis Inc.)
Additional Matters. 9.4.1 (a) Any claim on account of a Loss which Liability that does not result from a Third Party Claim shall be asserted by written notice given by the Indemnitee Indemnified Party to the related Indemnifying PartyParty in accordance with Section 4.06(a). Such Indemnifying Party shall have a period of thirty (30) 30 days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond within such thirty (30) -day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make paymentprovide indemnification with respect to such claim. If such Indemnifying Party does not respond within such thirty (30) -day period or rejects such claim in whole or in part, such Indemnitee Indemnified Party shall be free to pursue such remedies as may be available to such Indemnitee party as contemplated by this AgreementAgreement and, as applicable, the Ancillary Agreements.
Appears in 2 contracts
Samples: Separation and Distribution Agreement, Separation and Distribution Agreement (Sungard Capital Corp)
Additional Matters. 9.4.1 14.5.1 Any claim on account of a Loss which does not result from a Third Party Claim shall be asserted by written notice given by the Indemnitee to the related Indemnifying Party. Such Indemnifying Party shall have a period of thirty (30) days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond within such thirty (30) day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty (30) day period or rejects such claim in whole or in part, such Indemnitee shall be free to pursue such remedies as may be available to such Indemnitee as contemplated by this Agreement.
Appears in 1 contract
Additional Matters. 9.4.1 (a) Any claim on account of with respect to a Loss which or Liability that does not result from a Third Third-Party Claim shall be asserted by written notice given by the Indemnitee Indemnified Party to the related Indemnifying Party. Such Indemnifying Party shall have a period of thirty (30) 30 days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond in writing within such thirty (30) -day period, such Indemnifying Party shall be deemed to have refused agreed to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty (30) -day period or rejects such claim in whole or in part, such Indemnitee Indemnified Party shall be free to pursue such remedies as may be available to such Indemnitee Party by law or in equity as contemplated by this Agreement.
Appears in 1 contract
Additional Matters. 9.4.1 (a) Any claim on account of a Loss which Liability not contemplated by Section 9.06(a) or that does not result from a Third Party Claim shall be asserted by written notice given by the Indemnitee Indemnified Party to the related Indemnifying Party. Such Indemnifying Party shall have a period of thirty (30) 60 days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond within such thirty (30) 60-day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty (30) 60-day period or rejects such claim in whole or in part, such Indemnitee Indemnified Party shall be free to pursue such other remedies as may be available to such Indemnitee as contemplated by this AgreementParty.
Appears in 1 contract
Samples: Separation Agreement (Viacom Inc)
Additional Matters. 9.4.1 7.5.1. Any claim on account of a Loss which does not result from a Third Party Claim shall be asserted by written notice given by the Indemnitee to the related Indemnifying Party. Such Indemnifying Party shall have a period of thirty (30) days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond within such thirty (30) day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty (30) day period or rejects such claim in whole or in part, such Indemnitee shall be free to pursue such remedies as may be available to such Indemnitee as contemplated by this Agreement.
Appears in 1 contract
Samples: Trademark and Copyright License Agreement (Zoetis Inc.)
Additional Matters. 9.4.1 (a) Any claim on account of a Loss which does not result from a Third Party Claim shall be asserted by written notice given by the Indemnitee to the related Indemnifying Party. Such Indemnifying Party shall have a period of thirty (30) days after the receipt of such notice within which to respond thereto. If such Indemnifying Party does not respond within such thirty (30) day 30)-day period, such Indemnifying Party shall be deemed to have refused to accept responsibility to make payment. If such Indemnifying Party does not respond within such thirty (30) day 30)-day period or rejects such claim in whole or in part, such Indemnitee shall be free to pursue such remedies as may be available to such Indemnitee as contemplated by this Agreement.
Appears in 1 contract
