Assertion of Claims. No claim shall be brought under Section 9.1 hereof unless the Indemnified Persons, or any of them, at any time prior to the applicable Survival Date, give the Indemnifying Persons (a) written notice of the existence of any such claim, specifying the nature and basis of such claim and the amount thereof, to the extent known or (b) written notice pursuant to Section 9.4 of any third party claim, the existence of which might give rise to such a claim. Upon the giving of such written notice as aforesaid, the Indemnified Persons, or any of them, shall have the right to commence legal proceedings subsequent to the Survival Date for the enforcement of their rights under Section 9.1 hereof.
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Samples: Agreement and Plan (BPC Holding Corp), Agreement and Plan of Reorganization (BMJ Medical Management Inc), Agreement and Plan (Berry Plastics Corp)
Assertion of Claims. No claim shall be brought under Section SECTION 9.1 hereof unless the Indemnified Persons, or any of them, at any time prior to the applicable Survival Date, give the Indemnifying Persons (a) written notice of the existence of any such claim, specifying the nature and basis of such claim and the amount thereof, to the extent known or (b) written notice pursuant to Section 9.4 SECTION 9.3 of any third party claim, the existence of which might give rise to such a claim. Upon the giving of such written notice as aforesaid, the Indemnified Persons, or any of them, shall have the right to commence legal proceedings subsequent to the Survival Date for the enforcement of their rights under Section 9.1 hereofSECTION 9.1.
Appears in 2 contracts
Samples: Stock and Asset Purchase Agreement (Netoptix Corp), Stock and Asset Purchase Agreement (Netoptix Corp)
Assertion of Claims. No claim shall be brought under Section 9.1 hereof 8.1 unless the Indemnified Persons, or any of them, at any time prior to the applicable Survival Date, give the Indemnifying Persons (a) written notice of the existence of any such claim, specifying the nature and basis of such claim and the amount thereof, to the extent known or (b) written notice pursuant to Section 9.4 8.3 of any third party claimThird-Party Claim, the existence of which might give rise to such a claim. Upon the giving of such written notice as aforesaid, the Indemnified Persons, or any of them, shall have the right to commence legal proceedings Proceedings subsequent to the Survival Date for the enforcement of their rights under Section 9.1 hereof8.1.
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Samples: Agreement and Plan of Merger (Providence Service Corp), Employment Agreement (Greenfield Online Inc)
Assertion of Claims. No claim shall be brought under Section 9.1 hereof 10.1 unless the Indemnified Persons, or any of them, at any time prior to the applicable Survival Date, give the Indemnifying Persons (a) written notice of the existence of any such claim, specifying the nature and basis of such claim and the amount thereof, to the extent known or (b) written notice pursuant to Section 9.4 10.3 of any third party claimThird-Party Claim, the existence of which might give rise to such a claim. Upon the giving of such written notice as aforesaid, the Indemnified Persons, or any of them, shall have the right to commence legal proceedings Proceedings subsequent to the Survival Date for the enforcement of their rights under Section 9.1 hereof10.1.
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