Common use of Additional Provisions Regarding Indemnification Clause in Contracts

Additional Provisions Regarding Indemnification. (a) Each Holder and each other person indemnified pursuant to Section 7 above shall, in the event that it receives notice of the commencement of any action against it which is based upon an alleged act or omission which, if proven, would result in the Company's having to indemnify it pursuant to Section 7 above, promptly notify the Company, in writing, of the commencement of such action and permit the Company, if the Company so notifies such Holder within thirty (30) days after receipt by the Company of notice of the commencement of the action, to participate in and to assume the defense of such action with counsel reasonably satisfactory to such Holder; provided, however, that such Holder or other indemnified person shall be entitled to retain its own counsel at its own expense. The omission to notify the Company promptly of the commencement of any such action shall not relieve the Company of any liability to indemnify such Holder or such other indemnified person, as the case may be, under Section 7 above, except to the extent that the Company shall suffer any loss by reason of such failure to give notice, and shall not relieve the Company of any other liabilities which it may have under this or any other agreement.

Additional Provisions Regarding Indemnification. (a) Each Holder and each other person indemnified pursuant to Section 7 9 above shall, in the event that it receives notice of the commencement of any action against it which is based upon an alleged act or omission which, if proven, would result in the Company's having to indemnify it pursuant to Section 7 8 above, promptly notify the Company, in writing, of the commencement of such action and permit the Company, if the Company so notifies such Holder within thirty (30) days after receipt by the Company of notice of the commencement of the action, to participate in and to assume the defense of such action with counsel reasonably satisfactory to such HolderHolder at the Company's expense; provided, however, that such Holder or other indemnified person shall be entitled to retain its own counsel at its own expense. The omission to notify the Company promptly of the commencement of any such action shall not relieve the Company of any liability to indemnify such Holder or such other indemnified person, as the case may be, under Section 7 9 above, except to the extent that the Company shall suffer any loss by reason of such failure to give notice, and shall not relieve the Company of any other liabilities which it may have under this or any other agreement.

Additional Provisions Regarding Indemnification. (a) Each Holder and each other person indemnified pursuant to Section 7 6 above shall, in the event that it receives notice of the commencement of any action against it which is based upon an alleged act or omission which, if proven, would result in the Company's ’s having to indemnify it pursuant to Section 7 6 above, promptly notify the Company, in writing, of the commencement of such action and permit the Company, if the Company so notifies such Holder within thirty (30) days after receipt by the Company of notice of the commencement of the action, to participate in and to assume the defense of such action with counsel reasonably satisfactory to such Holder; provided, however, that such Holder or other indemnified person shall be entitled to retain its own counsel at its own expense. The omission to notify the Company promptly of the commencement of any such action shall not relieve the Company of any liability to indemnify such Holder or such other indemnified person, as the case may be, under Section 7 6 above, except to the extent that the Company shall suffer any loss by reason of such failure to give notice, and shall not relieve the Company of any other liabilities which it may have under this or any other agreement.

Additional Provisions Regarding Indemnification. (a) Each Holder and each other person indemnified pursuant to Section 7 8 above shall, in the event that it receives notice of the commencement of any action against it which is based upon an alleged act or omission which, if proven, would result in the Company's having to indemnify it pursuant to Section 7 8 above, promptly notify the Company, in writing, of the commencement of such action and permit the Company, if the Company so notifies such Holder within thirty fifteen (3015) days after receipt by the Company of notice of the commencement of the action, to participate in and to assume the defense of such action with counsel reasonably satisfactory to such HolderHolder at the Company's expense; providedPROVIDED, howeverHOWEVER, that such Holder or other indemnified person shall be entitled to retain its own counsel at its own expense. The omission to notify the Company promptly of the commencement of any such action shall not relieve the Company of any liability to indemnify such Holder or such other indemnified person, as the case may bemaybe, under Section 7 8 above, except to the extent that the Company shall suffer any loss by reason of such failure to give notice, and shall not relieve the Company of any other liabilities which it may have under this Agreement or any other agreementagreement with Holder.