Common use of Defense by Indemnifying Party Clause in Contracts

Defense by Indemnifying Party. Other than in the case of Commingled Claim, an Indemnifying Party will manage the defense of and (unless the Indemnifying Party has specified any reservations or exceptions to the obligation to manage the defense or to indemnify that have been referred to, but not resolved by, the Separation Committee) may settle or compromise any Third-Party Claim. Within 30 days after the receipt of notice from an Indemnitee in accordance with Section 6.4(a) (or sooner, if the nature of such Third-Party Claim so requires), the Indemnifying Party shall notify the Indemnitee that the Indemnifying Party will assume responsibility for managing the defense of such Third-Party Claim, which notice shall specify any reservations or exceptions.

Appears in 3 contracts

Samples: Master Separation Agreement (Aquila Inc), Master Separation Agreement (Aquila Energy Corp), Master Separation Agreement (Aquila Inc)

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Defense by Indemnifying Party. Other than in the case of a Commingled Claim, an Indemnifying Party will manage the defense of and (unless the Indemnifying Party has specified any reservations or exceptions to the obligation to manage the defense or to indemnify that have been referred to, but not resolved by, the Separation Claims Committee) may settle or compromise any Third-Third Party Claim. Within 30 thirty (30) days after the receipt of notice from an Indemnitee in accordance with Section 6.4(a1.4(a) (or sooner, if the nature of such Third-Third Party Claim so requires), the Indemnifying Party shall notify the Indemnitee that the Indemnifying Party will assume responsibility for managing the defense of such Third-Third Party Claim, which notice shall specify any reservations or exceptions.

Appears in 3 contracts

Samples: Indemnification & Liability (Southern Energy Inc), Indemnification & Liability (Southern Energy Inc), Indemnification & Liability (Savannah Electric & Power Co)

Defense by Indemnifying Party. Other than in the case of a Commingled ClaimClaim or a Third Party Claim involving IPO Liabilities, an Indemnifying Party will manage the defense of and (unless the Indemnifying Party has specified any reservations or exceptions to the obligation to manage the defense or to indemnify that have been referred to, but not resolved by, the Separation Claims Committee) may settle or compromise any Third-Third Party Claim. Within 30 days after the receipt of notice from an Indemnitee in accordance with Section 6.4(a1.5(a) (or sooner, if the nature of such Third-Third Party Claim so requires), the Indemnifying Party shall notify the Indemnitee that the Indemnifying Party will assume responsibility for managing the defense of such Third-Third Party Claim, which notice shall specify any reservations or exceptions.

Appears in 2 contracts

Samples: Indemnification and Insurance Matters Agreement (Agilent Technologies Inc), Indemnification and Insurance Matters Agreement (Agilent Technologies Inc)

Defense by Indemnifying Party. Other than in the case of a Commingled Claim, Claim an Indemnifying Party will manage the defense of and (unless the Indemnifying Party has specified any reservations or exceptions to the obligation to manage the defense or to indemnify that have been referred to, but not resolved by, the Separation Claims Committee) may settle or compromise any Third-Third Party Claim. Within 30 days after the receipt of notice from an Indemnitee in accordance with Section 6.4(a1.3(a) (or sooner, if the nature of such Third-Third Party Claim so requires), the Indemnifying Party shall notify the Indemnitee that the Indemnifying Party will assume responsibility for managing the defense of such Third-Third Party Claim, which notice shall specify any reservations or exceptions.

Appears in 2 contracts

Samples: Indemnification Agreement (Maxtor Corp), Indemnification Agreement (Maxtor Corp)

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Defense by Indemnifying Party. Other than in the case of a Commingled Claim, an Indemnifying Party will manage the defense of and (unless the Indemnifying Party has specified any reservations or exceptions to the obligation to manage the defense or to indemnify that have been referred to, but not resolved by, the Separation Claims Committee) may settle or compromise any Third-Third Party Claim. Within 30 thirty (30) days after the receipt of notice from an Indemnitee in accordance with Section 6.4(a2.5(a) (or sooner, if the nature of such Third-Third Party Claim so requires), the Indemnifying Party shall notify the Indemnitee that the Indemnifying Party will assume responsibility for managing the defense of such Third-Third Party Claim, which notice shall specify any reservations or exceptions.

Appears in 1 contract

Samples: Indemnification & Liability (Allegheny Energy Inc)

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