Common use of Defense and Indemnification Procedures Clause in Contracts

Defense and Indemnification Procedures. 13.3.1 In the event that either Party becomes aware of any Claim for which a Party (the “Indemnifying Party”) may be required to indemnify an Indemnitee hereunder, it will as promptly as practicable notify the other Party in writing of such Claim, and such notice will include a copy of the Claim (if available) and any related correspondence or documentation; provided, that if the Party required to give notice is the Indemnitee, any failure to give such prompt notice will not constitute a waiver of any rights of the Indemnitee, except to the extent that the rights of the Indemnifying Party are actually and materially prejudiced thereby. If any Third Party Claim for which Contractor may be required to indemnify a State Indemnitee hereunder is asserted in writing against a State Indemnitee other than the Department, a failure by such State Indemnitee to give Concessionaire prompt notice in writing of such Claim, together with a copy of the Claim and any related correspondence or documentation from the third party asserting the Claim, will constitute a waiver of any rights of such State Indemnitee to indemnification to the extent, and only to the extent, that the rights of Contractor are actually and materially prejudiced thereby.

Defense and Indemnification Procedures. 13.3.1 (a) In the event that either any Third-Party becomes aware of any Claim for which a Party (the “Indemnifying Party”) Concessionaire may be required to indemnify an a State Indemnitee hereunderhereunder is asserted in writing against the Department, it will as promptly as practicable notify the other Party Concessionaire in writing of such Claim, and such notice will include a copy of the Claim (if available) and any related correspondence or documentationdocumentation from the third party asserting the Claim; provided, that if the Party required to give notice is the Indemnitee, any failure to give such prompt notice will not constitute a waiver of any rights of the IndemniteeDepartment, except to the extent that the rights of the Indemnifying Party Concessionaire are actually and materially prejudiced thereby. If any Third Third-Party Claim for which Contractor the Concessionaire may be required to indemnify a State Indemnitee hereunder is asserted in writing against a State Indemnitee other than the Department, a failure by such State Indemnitee to give the Concessionaire prompt notice in writing of such Claim, Claim together with a copy of the Claim and any related correspondence or documentation from the third party asserting the Claim, will constitute a waiver of any rights of such State Indemnitee to indemnification to the extent, and only to the extent, that the rights of Contractor the Concessionaire are actually and materially prejudiced thereby.

Defense and Indemnification Procedures. 13.3.1 (a) In the event that either Party becomes aware of any Claim for which a Party (the “Indemnifying Party”) may be required to indemnify an Indemnitee hereunder, it will as promptly as practicable notify the other Party in writing of such Claim, and such notice will include a copy of the Claim (if available) and any related correspondence or documentation; provided, that if the Party required to give notice is the Indemnitee, any failure to give such prompt notice will not constitute a waiver of any rights of the Indemnitee, except to the extent that the rights of the Indemnifying Party are actually and materially prejudiced thereby. If any Third Third-Party Claim for which the DB Contractor may be required to indemnify a State Indemnitee hereunder is asserted in writing against a State Indemnitee other than the Department, a failure by such State Indemnitee to give the Concessionaire prompt notice in writing of such Claim, together with a copy of the Claim and any related correspondence or documentation from the third party asserting the Claim, will constitute a waiver of any rights of such State Indemnitee to indemnification to the extent, and only to the extent, that the rights of the DB Contractor are actually and materially prejudiced thereby.

Defense and Indemnification Procedures. 13.3.1 (a) In the event that either any Third-Party becomes aware of any Claim for which a Party (the “Indemnifying Party”) Concessionaire may be required to indemnify an a State Indemnitee hereunderhereunder is asserted in writing against the Department, it will as promptly as practicable notify the other Party Concessionaire in writing of such Claim, and such notice will include a copy of the Claim (if available) and any related correspondence or documentationdocumentation from the third party asserting the Claim; provided, that if the Party required to give notice is the Indemnitee, any failure to give such prompt notice will not constitute a waiver of any rights of the IndemniteeDepartment, except to the extent that the rights of the Indemnifying Party Concessionaire are actually and materially prejudiced thereby. If any Third Third-Party Claim for which Contractor the Concessionaire may be required to indemnify a State Indemnitee hereunder is asserted in writing against a State Indemnitee other than the Department, a failure by such State Indemnitee to give the Concessionaire prompt notice in writing of such Claim, Claim together with a copy of the Claim and any related correspondence or documentation from the third party asserting the Claim, will constitute a waiver of any rights of such State Indemnitee to 126 DMEAST #27287336 v26 indemnification to the extent, and only to the extent, that the rights of Contractor the Concessionaire are actually and materially prejudiced thereby.