Common use of By FNB Clause in Contracts

By FNB. If any matter subject to indemnification hereunder arises in the form of a claim against FNB or its successors and assigns (herein referred to as a “Third Party Claim”), FNB promptly shall give notice and details thereof, including copies of all pleadings and pertinent documents, to Integrity. Within 15 days of such notice, Integrity either (i) shall pay the Third Party Claim either in full or upon agreed compromise or (ii) shall notify FNB that Integrity disputes the Third Party Claim and intends to defend against it, and thereafter shall so defend and pay any adverse final judgment or award in regard thereto. Such defense shall be controlled by Integrity and the cost of such defense shall be borne by Integrity except that FNB shall have the right to participate in such defense at its own expense and provided that Integrity shall have no right in connection with any such defense or the resolution of any such Third Party Claim to impose any cost, restriction, limitation or condition of any kind upon FNB or its successors or assigns. FNB agrees that it shall cooperate in all reasonable respects in the defense of any such Third Party Claim, including making personnel, books and records relevant to the Third Party Claim available to Integrity without charge therefor except for out-of-pocket expenses. If Integrity fails to take action within 15 days as hereinabove provided or, having taken such action, thereafter fails diligently to defend and resolve the Third Party Claim, FNB shall have the right to pay, compromise or defend the Third Party Claim and to assert the indemnification provisions hereof. FNB also shall have the right, exercisable in good faith, to take such action as may be necessary to avoid a default prior to the assumption of the defense of the Third Party Claim by Integrity.

By FNB. If any matter subject to indemnification hereunder arises in the form of a claim against FNB or its successors and assigns (herein referred to as a “Third Party Claim”), FNB promptly shall give notice and details thereof, including copies of all pleadings and pertinent documents, to IntegrityUnited. Within 15 days of such notice, Integrity United either (i) shall pay the Third Party Claim either in full or upon agreed compromise or (ii) shall notify FNB that Integrity United disputes the Third Party Claim and intends to defend against it, and thereafter shall so defend and pay any adverse final judgment or award in regard thereto. Such defense shall be controlled by Integrity United and the cost of such defense shall be borne by Integrity United except that FNB shall have the right to participate in such defense at its own expense and provided that Integrity United shall have no right in connection with any such defense or the resolution of any such Third Party Claim to impose any cost, restriction, limitation or condition of any kind upon FNB or its successors or assigns. FNB agrees that it shall cooperate in all reasonable respects in the defense of any such Third Party Claim, including making personnel, books and records relevant to the Third Party Claim available to Integrity United without charge therefor except for out-of-pocket expenses. If Integrity United fails to take action within 15 days as hereinabove provided or, having taken such action, thereafter fails diligently to defend and resolve the Third Party Claim, FNB shall have the right to pay, compromise or defend the Third Party Claim and to assert the indemnification provisions hereof. FNB also shall have the right, exercisable in good faith, to take such action as may be necessary to avoid a default prior to the assumption of the defense of the Third Party Claim by IntegrityUnited.

By FNB. If any matter subject to indemnification hereunder arises ------ in the form of a claim against FNB or its successors and assigns (herein referred to as a “"Third Party Claim”"), FNB promptly shall give notice and details thereof, including copies of all pleadings and pertinent documents, to IntegrityRowan. Within 15 days of such notice, Integrity Rowan either (i) shall pay the Third Party Claim either in full or upon agreed compromise or (ii) shall notify FNB that Integrity Rowan disputes the Third Party Claim and intends to defend against it, and thereafter shall so defend and pay any adverse final judgment or award in regard thereto. Such defense shall be controlled by Integrity Rowan and the cost of such defense shall be borne by Integrity Rowan except that FNB shall have the right to participate in such defense at its own expense and provided that Integrity Rowan shall have no right in connection with any such defense or the resolution of any such Third Party Claim to impose any cost, restriction, limitation or condition of any kind upon FNB or its successors or assigns. FNB agrees that it shall cooperate in all reasonable respects in the defense of any such Third Party Claim, including making personnel, books and records relevant to the Third Party Claim available to Integrity Rowan without charge therefor except for out-of-pocket expenses. If Integrity Rowan fails to take action within 15 days as hereinabove provided or, having taken such action, thereafter fails diligently to defend and resolve the Third Party Claim, FNB shall have the right to pay, compromise or defend the Third Party Claim and to assert the indemnification provisions hereof. FNB also shall have the right, exercisable in good faith, to take such action as may be necessary to avoid a default prior to the assumption of the defense of the Third Party Claim by IntegrityRowan.

By FNB. If any matter subject to indemnification hereunder arises in the form of a claim against FNB or its successors and assigns (herein referred to as a “"Third Party Claim”"), FNB promptly shall give notice and details thereof, including copies of all pleadings and pertinent documents, to IntegrityCarolina. Within 15 days of such notice, Integrity Carolina either (i) shall pay the Third Party Claim either in full or upon agreed compromise or (ii) shall notify FNB that Integrity Carolina disputes the Third Party Claim and intends to defend against it, and thereafter shall so defend and pay any adverse final judgment or award in regard thereto. Such defense shall be controlled by Integrity Carolina and the cost of such defense shall be borne by Integrity Carolina except that FNB shall have the right to participate in such defense at its own expense and provided that Integrity Carolina shall have no right in connection with any such defense or the resolution of any such Third Party Claim to impose any cost, restriction, limitation or condition of any kind upon FNB or its successors or assigns. FNB agrees that it shall cooperate in all reasonable respects in the defense of any such Third Party Claim, including making personnel, books and records relevant to the Third Party Claim available to Integrity Carolina without charge therefor except for out-of-pocket expenses. If Integrity Carolina fails to take action within 15 days as hereinabove provided or, having taken such action, thereafter fails diligently to defend and resolve the Third Party Claim, FNB shall have the right to pay, compromise or defend the Third Party Claim and to assert the indemnification provisions hereof. FNB also shall have the right, exercisable in good faith, to take such action as may be necessary to avoid a default prior to the assumption of the defense of the Third Party Claim by IntegrityCarolina.

By FNB. If any matter subject to indemnification hereunder arises in the form of a claim against FNB or FNB, its successors and assigns (collectively, "Indemnitee") (herein referred to as a “"Third Party Claim”"), FNB the applicable Indemnitee promptly shall give notice and details thereof, including copies of all pleadings and pertinent documents, to IntegrityHome Savings. Within 15 days of such notice, Integrity Home Savings either (i) shall pay the Third Party Claim either in full or upon agreed compromise or (ii) shall notify the applicable Indemnitee and FNB that Integrity Home Savings disputes the Third Party Claim and intends to defend against it, and thereafter shall so defend and pay any adverse final judgment or award in regard thereto. Such defense shall be controlled by Integrity Home Savings and the cost of such defense shall be borne by Integrity Home Savings except that FNB the applicable Indemnitee shall have the right to participate in such defense at its own expense and provided that Integrity Home Savings shall have no right in connection with any such defense or the resolution of any such Third Party Claim to impose any cost, restriction, limitation or condition of any kind upon FNB or its successors or assignsany of the parties comprising Indemnitee hereunder. FNB agrees that it shall cooperate in all reasonable respects in the defense of any such Third Party Claim, including making personnel, books and records relevant to the Third Party Claim available to Integrity Home Savings without charge therefor except for out-of-pocket expenses. If Integrity Home Savings fails to take action within 15 days as hereinabove provided or, having taken such action, thereafter fails diligently to defend and resolve the Third Party Claim, FNB the parties comprising Indemnitee shall have the right to pay, compromise or defend the Third Party Claim and to assert the indemnification provisions hereof. FNB Each of the parties comprising Indemnitee also shall have the right, exercisable in good faith, to take such action as may be necessary to avoid a default prior to the assumption of the defense of the Third Party Claim by IntegrityHome Savings.

By FNB. If any matter subject to indemnification hereunder arises in ------ the form of a claim against FNB or its successors and assigns (herein referred to as a “"Third Party Claim”"), FNB promptly shall give notice and details thereof, including copies of all pleadings and pertinent documents, to IntegrityCarolina. Within 15 days of such notice, Integrity Carolina either (i) shall pay the Third Party Claim either in full or upon agreed compromise or (ii) shall notify FNB that Integrity Carolina disputes the Third Party Claim and intends to defend against it, and thereafter shall so defend and pay any adverse final judgment or award in regard thereto. Such defense shall be controlled by Integrity Carolina and the cost of such defense shall be borne by Integrity Carolina except that FNB shall have the right to participate in such defense at its own expense and provided that Integrity Carolina shall have no right in connection with any such defense or the resolution of any such 57 Third Party Claim to impose any cost, restriction, limitation or condition of any kind upon FNB or its successors or assigns. FNB agrees that it shall cooperate in all reasonable respects in the defense of any such Third Party Claim, including making personnel, books and records relevant to the Third Party Claim available to Integrity Carolina without charge therefor except for out-of-pocket expenses. If Integrity Carolina fails to take action within 15 days as hereinabove provided or, having taken such action, thereafter fails diligently to defend and resolve the Third Party Claim, FNB shall have the right to pay, compromise or defend the Third Party Claim and to assert the indemnification provisions hereof. FNB also shall have the right, exercisable in good faith, to take such action as may be necessary to avoid a default prior to the assumption of the defense of the Third Party Claim by IntegrityCarolina.