Conduct of Litigation. 3.3.1. If the Purchaser considers that it will or may make a claim against CILT for breach of Warranty, it shall as soon as practicable notify CILT in writing, giving such particulars thereof as are then available, and for a period of 30 days after such notification shall afford CILT the opportunity to take steps to remedy the matter giving rise to such claim. To the extent that the matter giving rise to such claim is remedied within such 30 days period, the Purchaser shall not be entitled to any compensation in respect thereof.
3.3.2. Upon the Purchaser becoming aware of any claim, action or demand against it or matter likely to give rise to any of these in respect of the Warranties, the Purchaser shall, subject to paragraph 15 of this Schedule:-
a) forthwith notify CILT by written notice as soon as it appears to the Purchaser that any assessment or claim of a third party received by or coming to the notice of the Purchaser may result in a claim under the Warranties;
b) take such action and give such information and access to personnel, premises, chattels, documents and records to CILT and its professional advisers as CILT may reasonably request;
c) at the request of CILT, allow CILT, at CILT's sole expense, to take the sole conduct of such actions as CILT may deem appropriate in connection with any such assessment or claim in the name of the Purchaser and in that connection the Purchaser shall, upon receiving such security for its costs as the Purchaser may reasonably request, give or cause to be given to CILT such assistance as CILT may reasonably require in avoiding, disputing, resisting, settling, compromises, defending or appealing any such claim and shall instruct such solicitors or other professional advisers as CILT may (with the Purchaser's consent, such consent not to be unreasonably withheld) nominate to act on behalf of the Purchaser, as appropriate, but to act in accordance with CILT's sole instructions; or
d) make no admission of liability, agreement, settlement or compromise with any third party in relation to any such claim or adjudication without the prior written consent of CILT.
3.3.3. In any event, CILT shall be entitled at any stage and at their sole discretion to settle any such third party assessment or claim and shall notify any such decision to settle such assessment or claim to the Purchaser as soon as practicable thereafter.
Conduct of Litigation. (a) Subject to the limitations set forth in Section 6.6 hereof, whenever a claim for indemnification shall arise under this Article VI, the Party (or Parties) seeking indemnification (the “Indemnified Party”) shall notify, in writing, the Party (or Parties) from whom indemnification is sought (the “Indemnifying Party”) of such claim, together with an estimate of the amount of such claim in reasonable detail, and, as soon as known, the facts constituting the basis for such claim. The Indemnified Party shall be under a duty to take commercially reasonable efforts to mitigate the losses relating to any such claim, and any losses incurred in such commercially reasonable mitigation efforts shall constitute losses for purposes of this Article VI.
(b) Without limiting the generality of Section 6.5 (a) hereof, in the event of a claim for indemnification hereunder resulting from or in connection with any claim or legal proceeding by a third party (a “Third Party Claim”), the Indemnified Party shall give notice to the Indemnifying Party no later than 20 (twenty) Business Days prior to the time any response to an asserted Third Party Claim is required. The Indemnified Party (or the Company as the case may be) shall not make admission of liability, agreement, settlement or compromise without the prior written consent of the Indemnifying Party, which consent shall not be unreasonably withheld. The Indemnifying Party may assume the defence of any Third Party Claim, provided, however, that no settlement shall be made without the prior written consent of the Indemnified Party, which consent shall not be unreasonably withheld. If an Indemnifying Party assumes the defence of any such Third Party Claim or related legal proceeding, the Indemnifying Party shall be entitled to select counsel and take all steps necessary in the settlement or defence thereof; provided, however, that the Indemnified Party may, at its own expense, participate in any such proceeding with the counsel of its choice. If any of the Vendors as Indemnifying Party assumes the defence of any Third Party Claim, the Purchaser shall, and shall cause the Company to, provide such Vendor such access to persons and information as it may reasonably request in the defence of such Third Party Claim.
(c) In the case of any claim that is not a Third Party Claim, the Indemnifying Party shall have 30 (thirty) Business Days within which it may respond to a notice of a claim for indemnification given by an Indemnified Part...
Conduct of Litigation. (a) If any Action is made, brought, or threatened against the Indemnitee for which the Indemnitee may be indemnified under this Agreement, the Indemnitee shall, to the extent not inconsistent with any private insurance coverage obtained by the Company:
Conduct of Litigation. 22 ARTICLE 6 MISCELLANEOUS...................................................................24 6.01
Conduct of Litigation. If a Claim from a Third Party is made against Western Power or Western Power’s officers or employees in the circumstances described in clause 12.2, Western Power must, as soon as reasonably practicable after determining that the Claim falls within clause 12.2:
Conduct of Litigation. Purchaser and Seller shall cooperate fully in the prosecution or defense of any action, proceeding or claim by or against any third Persons involving the Assets, Assumed Liabilities, Excluded Assets and Retained Liabilities, and shall consult and confer with one another with respect thereto, at no cost to Purchaser, on the one hand, or Seller, on the other hand, except as provided in Article XI Indemnity.
Conduct of Litigation. SALARIUS shall select counsel for any suit referred to in Section 10.2 above who shall be reasonably acceptable to HLBLS. HLBLS shall pay eighty percent (80%) and SALARIUS shall pay twenty percent (20%) of the costs of such suit, including, without limitation, attorneys’ fees and court costs. Any damages, settlement fees or other consideration for past infringement received as a result of such litigation shall be shared by SALARIUS and HLBLS pro rata based on their respective sharing of the costs of such litigation. If necessary HLBLS shall join as a party to the suit but shall be under no obligation to participate beyond its above obligation to pay eighty percent (80%) of the costs of such suit, except to the extent that such participation is required as the result of being a named party to the suit. HLBLS shall have the right to participate and be represented in any suit by its own counsel at its own expense. SALARIUS shall not settle any such suit involving rights of HLBLS without obtaining the prior written consent of HLBLS, which consent shall not be unreasonably withheld.
Conduct of Litigation. No liability if loss is otherwise compensated for........... 2.5 Acts of the Purchaser.......................................
Conduct of Litigation. 11.8.1. Where leave is not granted to ADVC to withdraw from the litigation and for ACT to conduct litigation in its own name, ADVC must:
11.8.1.1. upon ACT admitting its obligations under the indemnity in clause 11.1.1 or 11.1.2; and
11.8.1.2. to the extent that it is permitted by law, defend, arbitrate, appeal, settle or otherwise conduct the litigation as ACT may from time to time reasonable direct.
11.8.2. For the purpose of clause 11.8.1 ACT, must lodge security in a reasonable amount with ADVC to offset ADVC's cost of conducting the litigation at ACT's direction.
11.8.3. For the purpose of clause 11.8.1 ACT must lodge security in a reasonable amount with ADVC to offset ADVC's cost of conducting the litigation at ACT's direction.
Conduct of Litigation. For the purposes of 10.6 and 18.1:
(a) British Columbia will notify HRFN of any Proceeding to which the indemnity may apply;
(b) British Columbia will have exclusive conduct of the Proceeding in accordance with the Attorney General Act, R.S.B.C. 1996, c. 22; and
(c) British Columbia will use reasonable efforts to defend itself and will not settle any Proceeding without first discussing the terms of settlement with HRFN; and
