Common use of Control of Claim Clause in Contracts

Control of Claim. If any such action, suit or proceeding is commenced against, or any such claim, demand or amount is assessed against, any person in respect of which such person proposes to demand indemnification hereunder (the “Indemnitee”), the person from whom the Indemnitee is seeking indemnification hereunder (the “Indemnitor”) is to be notified to that effect with reasonable promptness. The Indemnitor is to control the defense of any such action, and may employ counsel in defense thereof, all at Indemnitor’s expense, unless and until Indemnitor satisfies or otherwise settles such action and obtains a release of the Indemnitee from the third party bringing such action, in a form acceptable to the Indemnitee and his counsel.

Appears in 5 contracts

Samples: Terminaling Services Agreement (World Point Terminals, LP), Terminaling Services Agreement (World Point Terminals, LP), Terminaling Services Agreement (World Point Terminals, LP)

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Control of Claim. If any such action, suit or proceeding is commenced against, or any such claim, demand or amount is assessed against, any person in respect of which such person proposes to demand indemnification hereunder (the “Indemnitee”"INDEMNITEE"), the person from whom the Indemnitee is seeking indemnification hereunder (the “Indemnitor”"INDEMNITOR") is to be notified to that effect with reasonable promptness. The Indemnitor Indemnitee is to control the defense of any such action, and may employ counsel in defense thereof, all at Indemnitor’s 's expense, unless and until Indemnitor satisfies or otherwise settles such action and obtains a release of the Indemnitee from the third party bringing such action, in a form acceptable to the Indemnitee and his counsel.

Appears in 1 contract

Samples: Storage and Thruput Agreement (FutureFuel Corp.)

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Control of Claim. If any such action, suit or proceeding is commenced against, or any such claim, demand or amount is assessed against, any person in respect of which such person proposes to demand indemnification hereunder (the “Indemnitee”), the person from whom the Indemnitee is seeking indemnification indenmification hereunder (the “Indemnitor”) is to be notified to that effect with reasonable promptness. The Indemnitor is to control the defense of any such action, and may employ counsel in defense thereof, all at Indemnitor’s expense, unless and until Indemnitor satisfies or otherwise settles such action and obtains a release of the Indemnitee from the third party bringing such action, in a form acceptable to the Indemnitee and his counsel.

Appears in 1 contract

Samples: Terminaling Services Agreement (World Point Terminals, LP)

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