Defence of Claims. (a) The parties will render to each other all reasonable assistance in the defence of any Claim made against the other party by a third party arising out of any Incident. (b) To the extent that a party ('Responsible Party') is obliged to fully indemnify the other party ('Indemnified Party') against a Claim by a third party against the Indemnified Party, the Responsible Party: (i) may, subject only to the terms of any applicable insurance which the Indemnified Party may have, at its own expense, defend and settle any action or proceedings in the name of the Indemnified Party and execute such documents in the action or proceedings as the Responsible Party sees fit; and (ii) will indemnify the Indemnified Party in respect of all costs, expenses and losses that the Indemnified Party may incur or have incurred on account of the action or proceedings.
Appears in 1 contract
Samples: Track Access Agreement
Defence of Claims. (a) The parties will shall render to each other all reasonable assistance in the defence of any Claim made against the other party by a third party arising out of any Incident.
(b) To the extent that a party ('Responsible Party') is obliged to fully indemnify the other party ('Indemnified Party') against a Claim by a third party against the Indemnified Party, the Responsible Party:;
(i) may, subject only to the terms of any applicable insurance which the Indemnified Party may have, at its own expense, defend and settle any action or proceedings in the name of the Indemnified Party and execute such documents in the action or proceedings as the Responsible Party sees fit; and.
(ii) will shall indemnify the Indemnified Party in respect of all costs, expenses and losses that the Indemnified Party may incur or have incurred on account of the action or proceedings.
Appears in 1 contract
Samples: Track Access Agreement
Defence of Claims. (a) The parties will render to each other all reasonable assistance in the defence of any Claim made against the other party by a third party arising out of any Incident.
(b) To the extent that a party ('Responsible Party') is obliged to fully indemnify the other party ('Indemnified Party') against a Claim by a third party against the Indemnified Party, the Responsible Party:;
(i) may, subject only to the terms of any applicable insurance which the Indemnified Party may have, at its own expense, defend and settle any action or proceedings in the name of the Indemnified Party and execute such documents in the action or proceedings as the Responsible Party sees fit; and.
(ii) will indemnify the Indemnified Party in respect of all costs, expenses and losses that the Indemnified Party may incur or have incurred on account of the action or proceedings.
Appears in 1 contract
Samples: Track Access Agreement
Defence of Claims. (a) The parties will shall render to each other all reasonable assistance in the defence of any Claim made against the other party by a third party arising out of any Incident.
(b) To the extent that a party ('Responsible Party') is obliged to fully indemnify the other party ('Indemnified Party') against a Claim by a third party against the Indemnified Party, the Responsible Party:Party ;
(i) may, subject only to the terms of any applicable insurance which the Indemnified Party may have, at its own expense, defend and settle any action or proceedings in the name of the Indemnified Party and execute such documents in the action or proceedings as the Responsible Party sees fit; and. The Responsible Party indemnifies
(ii) will shall indemnify the Indemnified Party in respect of all costs, expenses and losses that the Indemnified Party may incur or have incurred on account of the action or proceedings.
Appears in 1 contract
Samples: Track Access Agreement
Defence of Claims. (a) The parties will render to each other all reasonable assistance in the defence of any Claim made against the other party by a third party arising out of any Incident.
(b) To the extent that a party ('Responsible Party') is obliged to fully indemnify the other party ('Indemnified Party') against a Claim by a third party against the Indemnified Party, the Responsible Party:
(i) may, subject only to the terms of any applicable insurance which the Indemnified Party may have, at its own expense, defend and settle any action or proceedings in the name of the Indemnified Party and execute such documents in the action or proceedings as the Responsible Party sees fit; and.
(ii) will indemnify the Indemnified Party in respect of all costs, expenses and losses that the Indemnified Party may incur or have incurred on account of the action or proceedings.
Appears in 1 contract
Samples: Track Access Agreement