Common use of Defense of Claim by Indemnitee Clause in Contracts

Defense of Claim by Indemnitee. If, within 20 days of the Indemnifying Party's receipt of a Claim Notice involving a Third Party Claim, the Indemnifying Party shall not have notified the Indemnitee of its election to assume the defense, the Indemnitee shall have the right to assume control of the defense or compromise of such Claim, and the costs and expenses of such defense, including costs of investigation and reasonable attorneys' fees, shall be added to the Claim. The Indemnitee shall have the right to compromise such Claim without the Consent of the Indemnifying Party.

Appears in 3 contracts

Samples: Atria Communities Inc, Atria Communities Inc, Atria Communities Inc

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Defense of Claim by Indemnitee. If, within 20 30 days of the Indemnifying Party's receipt of a Claim Notice involving a Third Party Claim, the Indemnifying Party shall not have notified the Indemnitee of its election to assume the defense, the Indemnitee shall have the right to assume control of the defense or compromise of such Claim, Claim and the reasonable costs and expenses of such defense, including costs of investigation and reasonable attorneys' fees, shall be added to the Claim. The In the event the Indemnitee assumes control of the defense or compromise of a Claim under this Section 10.5(f), the Indemnitee shall have the right to compromise such Claim without the Consent consent of the Indemnifying Party.

Appears in 1 contract

Samples: Asset Purchase Agreement (Green Mountain Coffee Inc)

Defense of Claim by Indemnitee. If, within 20 30 days of the Indemnifying Party's receipt of a Claim Notice involving a Third Party Claim, the Indemnifying Party shall not have notified the Indemnitee of its election to assume the defense, the Indemnitee shall have the right to assume control of the defense or compromise of such Claim, Claim and the reasonable costs and expenses of such defense, including costs of investigation and reasonable attorneys' fees, shall be added to the Claim. The If the Indemnitee assumes control of the defense or compromise of a Claim under this Section 11.7(d), the Indemnitee shall have the right to compromise such Claim without the Consent consent of the Indemnifying Party.

Appears in 1 contract

Samples: Asset Purchase Agreement (Multi Color Corp)

Defense of Claim by Indemnitee. If, within 20 30 days of the Indemnifying Party's receipt of a Claim Notice involving a Third Party Claim, the Indemnifying Party shall not have notified the Indemnitee of its the Indemnifying Party's election to assume the defense, the Indemnitee shall have the right to assume control of the defense or compromise of such Claim, and the costs and expenses of such defense, including costs of investigation and reasonable attorneys' fees, shall be added to the Claim. The Indemnitee shall have the right to compromise such Claim without the Consent consent of the Indemnifying Party.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Loraca International Inc)

Defense of Claim by Indemnitee. If, within 20 thirty (30) days of the Indemnifying Party's ’s receipt of a Claim Notice involving a Third Party Claim, the Indemnifying Party shall not have notified the Indemnitee of its or his election to assume the defense, the Indemnitee shall have the right to assume control of the defense or compromise of such Claim, and the costs and expenses of such defense, including costs of investigation and reasonable attorneys' fees, shall be added to the Claim. The Indemnitee shall have the right to compromise such Claim without the Consent consent of the Indemnifying Party.

Appears in 1 contract

Samples: Stock Purchase Agreement (MULTI COLOR Corp)

Defense of Claim by Indemnitee. If, within 20 30 days of the Indemnifying Party's receipt of a Claim Notice involving a Third Party Claim, the Indemnifying Party shall not have notified the Indemnitee of its or his election to assume the defense, the Indemnitee shall have the right to assume control of the defense or compromise of such Claim, and the reasonable costs and expenses of such reasonable defense, including costs of investigation and reasonable attorneys' fees, shall be added to the Claim. The Indemnitee shall have the right to compromise such Claim without the Consent of the Indemnifying Party.

Appears in 1 contract

Samples: Asset Purchase Agreement (Multi Color Corp)

Defense of Claim by Indemnitee. If, within 20 days of the Indemnifying Party's receipt of a Claim Notice involving a Third Party Claim, the Indemnifying Party shall not have notified the Indemnitee of its or his election to assume the defense, the Indemnitee shall have the right to assume control of the defense or compromise of such Claim, and the costs and expenses of such defense, including costs of investigation and reasonable attorneys' fees, shall be added to the Claim. The Indemnitee shall have the right to compromise such Claim without the Consent of the Indemnifying Party.

Appears in 1 contract

Samples: Atria Communities Inc

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Defense of Claim by Indemnitee. If, within 20 thirty (30) days of the Indemnifying Party's ’s receipt of a Claim Notice involving a Third Party Claim, the Indemnifying Party shall not have notified the Indemnitee of its election to assume the defense, the Indemnitee shall have the right to assume control of the defense or compromise of such Claim, Claim and the reasonable costs and expenses of such defense, including costs of investigation and reasonable attorneys' fees, shall be added to the Claim. The If the Indemnitee assumes control of the defense or compromise of a Claim under this Section 11.4(d), the Indemnitee shall have the right to compromise such Claim without the Consent consent of the Indemnifying Party.

Appears in 1 contract

Samples: Asset Purchase Agreement (Multi Color Corp)

Defense of Claim by Indemnitee. If, within 20 30 days of the Indemnifying Party's receipt of a Claim Notice involving a Third Party Claim, the Indemnifying Party shall not have notified the Indemnitee of its or his election to assume the defense, the Indemnitee shall have the right to assume control of the defense or compromise of such Claim, and the costs and expenses of such defense, including costs of investigation and reasonable attorneys' fees, shall be added to the Claim. The Indemnitee shall have the right to compromise such Claim upon Notice to, but without the Consent of consent of, the Indemnifying Party.

Appears in 1 contract

Samples: Agreement (Riverside Group Inc/Fl)

Defense of Claim by Indemnitee. If, within 20 30 days of the Indemnifying Party's ’s receipt of a Claim Notice involving a Third Party Claim, the Indemnifying Party shall not have notified the Indemnitee of its election to assume the defense, the Indemnitee shall have the right to assume control of the defense or compromise of such Claim, Claim and the reasonable costs and expenses of such defense, including costs of investigation and reasonable attorneys' fees, shall be added to the Claim. The If the Indemnitee assumes control of the defense or compromise of a Claim under this Section 15.5(f), the Indemnitee shall have the right to compromise such Claim without the Consent consent of the Indemnifying Party.

Appears in 1 contract

Samples: Asset Purchase Agreement (Multi Color Corp)

Defense of Claim by Indemnitee. If, within 20 thirty (30) days of the Indemnifying Party's receipt of a Claim Notice involving a Third Party Claim, the Indemnifying Party shall not have notified the Indemnitee of its or his election to assume the defense, the Indemnitee shall have the right to assume control of the defense or compromise of such Claim, and the costs and expenses of such defense, including costs of investigation and reasonable attorneys' fees, shall be added to the Claim. The Indemnitee shall have the right to compromise such Claim without the Consent consent of the Indemnifying Party.

Appears in 1 contract

Samples: Acquisition Agreement (Astec Industries Inc)

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