Claims Procedures. With respect to any claims falling within the scope of the foregoing indemnifications: (a) each party agrees promptly to notify the other of and keep the other fully advised with respect to such claims and the progress of any suits in which the other party is not participating; (b) each party shall have the right to assume, at its sole expense, the defense of a claim or suit made or filed against the other party; (c) each party shall have the right to participate, at its sole expense, in any suit instituted against it and to approve any attorneys selected by the other party to defend it, which approval shall not be unreasonably withheld or delayed; and (d) a party assuming the defense of a claim or suit against the other party shall not settle such claim or suit without the prior written approval of the other party, which approval shall not be unreasonably withheld or delayed.
Appears in 4 contracts
Samples: License Agreement (Pocket Shot Co), License Agreement (Jakks Pacific Inc), License Agreement (Jakks Pacific Inc)
Claims Procedures. With respect As to any claims falling within the scope of the foregoing indemnifications: (a) each party agrees promptly to notify the other of and keep the other fully advised with respect to such claims and the progress of any suits in which the other party is not participating; (b) each party shall will have the right to assume, at its sole expense, the defense of a claim or suit made or filed against the other party; (c) each party shall will have the right to participate, at its sole expense, in any suit instituted against it and to approve any attorneys selected by the other party to defend it, which approval shall will not be unreasonably withheld or delayed; and (d) a party assuming the defense of a claim or suit against the other party shall will not settle such claim or suit without the prior written approval of the other party, which such approval shall will not be unreasonably withheld or delayed.
Appears in 3 contracts
Samples: Product & Trademark License Agreement (Tilray, Inc.), Product & Trademark License Agreement (New Age Beverages Corp), Trademark License Agreement (Tilray, Inc.)
Claims Procedures. With respect to any claims falling within the scope of the foregoing indemnifications: (a) each party agrees promptly to notify the other of and keep the other fully advised with respect to such claims and the progress of any suits in which the other party is not participating; (b) each party shall have the right to assume, at its sole expense, the defense of a claim or suit made or filed against the other party; (c) each party shall have the right to participate, at its sole expense, in any suit instituted against it and to approve any attorneys selected by the other party to defend it, which approval shall not be unreasonably withheld or delayed; and (d) a party assuming the defense of a claim or suit against the other party shall not settle such claim or suit without 20 the prior written approval of the other party, which approval shall not be unreasonably withheld or delayed.
Appears in 2 contracts
Samples: License Agreement (Eternal Image Inc), License Agreement (Eternal Image Inc)
Claims Procedures. With respect to any claims falling within the scope of the foregoing indemnifications: (ai) ----------------- each party agrees promptly to notify the other of and keep the other fully advised with respect to such claims and the progress of any suits in which the other party is not participating; (bii) each party shall have the right to assume, at its sole expense, the defense of a claim or suit made or filed against the other party; (ciii) each party shall have the right to participate, at its sole expense, in any suit instituted against it and to approve any attorneys selected by the other party to defend it, which approval shall not be unreasonably withheld or delayed; and (div) a party assuming the defense of a claim or suit against the other party shall not settle such claim or suit without the prior written approval of the other party, which approval shall not be unreasonably withheld or delayedwithheld.
Appears in 1 contract
Claims Procedures. With respect to any claims falling within the scope of the foregoing indemnifications: indemnification:
(a) each party agrees promptly to notify the other of and keep the other fully advised with respect to such claims and the progress of any suits in which the other party is not participating; (b) each party shall have the right to assume, at its sole expense, the defense of a claim or suit made or filed against the other party; (c) each party shall have the right to participate, at its sole expense, in any suit instituted against it and and/or to approve any attorneys selected by the other party to defend it, which approval shall not be unreasonably withheld or delayed; and (d) a party assuming the defense of a claim or suit against the other party shall not settle such claim or suit without the prior written approval of the other party, which approval shall not be unreasonably withheld or delayed.
Appears in 1 contract
Samples: Consumer Products License Agreement (Power Kiosks Inc)
Claims Procedures. With respect to any claims falling within the scope of the foregoing indemnifications: (ai) each party Party agrees promptly to notify the other of and keep the other fully advised with respect to such claims and the progress of any suits in which the other party Party is not participating; (bii) each party shall Party will have the right to assume, at its sole expense, the defense of a claim or suit made or filed against the other partyParty; (ciii) each party shall Party will have the right to participate, at its sole expense, in any suit instituted against it and to approve any attorneys selected by the other party Party to defend it, which approval shall will not be unreasonably withheld withheld, delayed or delayedconditioned; and (div) a party Party assuming the defense of a claim or suit against the other party shall Party will not settle such claim or suit without the prior written approval of the other partyParty, which approval shall will not be unreasonably withheld withheld, delayed or delayedconditioned.
Appears in 1 contract
Samples: Master Reorganization and Subscription Agreement (GNC Holdings, Inc.)
Claims Procedures. With respect to any claims falling within the scope of the foregoing indemnifications: (a) each party Party agrees promptly to notify the other of and keep the other fully advised with respect to such claims and the progress of any suits in which the other party Party is not participating; (b) each party Party shall have the right to assume, at its sole expense, the defense of a claim or suit made or filed against the other partyParty; (c) each party Party shall have the right to participate, at its sole expense, in any suit instituted against it and to approve any attorneys selected by the other party Party to defend it, which approval shall not be unreasonably withheld or delayed; and (d) a party Party assuming the defense of a claim or suit against the other party Party shall not settle such claim or suit without the prior written approval of the other partyParty, which approval shall not be unreasonably withheld or delayed.
Appears in 1 contract