Direct Claims. In the event one party hereunder should have a claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Party. If the Indemnified Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.
Appears in 56 contracts
Samples: Convertible Debenture Purchase Agreement (Next Generation Media Corp), Common Stock and Warrant Purchase Agreement (XML Global Technologies Inc), Common Stock and Warrant Purchase Agreement (XML Global Technologies Inc)
Direct Claims. In the event one party hereunder should have a claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Party. If the Indemnified Indemnifying Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.
Appears in 6 contracts
Samples: Common Stock and Warrant Purchase Agreement (Global Casinos Inc), 8% Series B Unsecured Convertible Debenture and Warrants Purchase Agreement (Airtrax Inc), Common Stock and Warrants Purchase Agreement (Focus Enhancements Inc)
Direct Claims. In the event one party hereunder an Indemnified Party should have a claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Party. If the Indemnified Indemnifying Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.
Appears in 6 contracts
Samples: Securities Purchase Agreement (Interactive Telesis Inc), Series a Preferred Stock and Warrants Purchase Agreement (Galaxy Nutritional Foods Co), Series B Preferred Stock and Warrants Purchase Agreement (Interactive Telesis Inc)
Direct Claims. In the event one party hereunder should have a ------------- claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Party. If the Indemnified Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.
Appears in 4 contracts
Samples: Convertible Debenture and Warrants Purchase Agreement (Worldwide Wireless Networks Inc), Loan Agreement (Inchorus Com), Securities Purchase Agreement (Integral Technologies Inc /Cn/)
Direct Claims. In the event one party hereunder should have a claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Party. If the Indemnified Indemnifying Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. IX. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.
Appears in 3 contracts
Samples: Stock and Warrant Purchase Agreement (Cardima Inc), Common Stock and Warrants Purchase Agreement (Viisage Technology Inc), Common Stock and Warrants Purchase Agreement (Purchasepro Com Inc)
Direct Claims. In the event one party hereunder should have a claim ------------- for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Party. If the Indemnified Indemnifying Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. IX. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.
Appears in 3 contracts
Samples: Common Stock and Warrants Purchase Agreement (Razorfish Inc), Common Stock and Warrants Purchase Agreement (Impco Technologies Inc), Common Stock and Warrants Purchase Agreement (Razorfish Inc)
Direct Claims. In the event one party hereunder an Indemnified Party should have a claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Partyother party. If the Indemnified other Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party other party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.
Appears in 2 contracts
Samples: Securities Purchase Agreement (BioMETRX), Securities Purchase Agreement (BioMETRX)
Direct Claims. In the event one party hereunder should have a claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Party. If the Indemnified Indemnifying Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. Association. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.
Appears in 2 contracts
Samples: 8% Series C Unsecured Convertible Debenture and Warrants Purchase Agreement (Airtrax Inc), Subscription Agreement (Ceco Environmental Corp)
Direct Claims. In the event one party hereunder an Indemnified Party should have a claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Partyother party. If the Indemnified Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party other party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.
Appears in 2 contracts
Samples: Securities Purchase Agreement (Accident Prevention Plus Inc), Securities Purchase Agreement (DBS Industries Inc)
Direct Claims. In the event one party hereunder should have a claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Party. If the Indemnified Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. VII. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.
Appears in 2 contracts
Samples: Loan Agreement (Avicena Group, Inc.), Loan Agreement (Waverider Communications Inc)
Direct Claims. In the event one party hereunder an Indemnified Party should have a ------------- claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying PartyCompany. If the Indemnified Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party Company or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.
Appears in 1 contract
Direct Claims. In the event one party hereunder should have a claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Party. If the Indemnified Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.. ARTICLE VIII
Appears in 1 contract
Samples: Loan Agreement (American Champion Entertainment Inc)
Direct Claims. In the event one party hereunder should have a claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Party. If the Indemnified Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. XI. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.
Appears in 1 contract
Samples: Common Shares and Warrants Purchase Agreement (Sand Technology Inc)
Direct Claims. In the event one party hereunder should have a claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Party. If the Indemnified Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. Section 8. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.
Appears in 1 contract
Samples: Securities Purchase Agreement (Brilliant Digital Entertainment Inc)
Direct Claims. In the event one party hereunder Party should have a claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Party. If the Indemnified Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. XV. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.
Appears in 1 contract
Direct Claims. In the event one party hereunder should have a claim for indemnification that does not involve a claim or demand being asserted by a third party, the Indemnified Party promptly shall deliver notice of such claim to the Indemnifying Party. If the Indemnified Party disputes the claim, such dispute shall be resolved by mutual agreement of the Indemnified Party and the Indemnifying Party or by binding arbitration conducted in accordance with the procedures and rules of the American Arbitration Association as set forth in Article X. Judgment upon any award rendered by any arbitrators may be entered in any court having competent jurisdiction thereof.. Due Diligence
Appears in 1 contract
Samples: Convertible Debentures and Warrants Purchase Agreement (Transmeridian Exploration Inc)
