Costs of Defense. If any claim for which an indemnified party seeks indemnification under this Article 11 results in a judgment that no damages are due the claimant on a basis for which the indemnifying party is responsible hereunder, then, as between the indemnifying and indemnified parties, the indemnified parties shall be liable for any damages awarded and the costs (including attorneys' fees) of defending such claim.
Appears in 3 contracts
Samples: Agreement and Plan of Merger (Tyler Corp /New/), Agreement and Plan of Merger (Tyler Corp /New/), Merger Agreement (Tyler Corp /New/)
Costs of Defense. If any claim for which an indemnified party seeks indemnification under this Article 11 results in a judgment that no damages are due the claimant on a basis for which the indemnifying party is responsible hereunder, then, as between the indemnifying and indemnified parties, the indemnified parties shall be liable for any damages awarded and the costs (including attorneys' fees) of defending such claim.which
Appears in 1 contract
Samples: Merger Agreement (Tyler Corp /New/)
