Election to Conduct Defense. Promptly after receiving an Initial Claim Notice under Section 8.5(a), the Indemnifying Party may conduct the defense of such Third Party Claim, at the expense of the Indemnifying Party. To elect to conduct such defense, the Indemnifying Party shall give written notice of such election to the Claiming Party within 20 days after the Claiming Party gives the corresponding Initial Claim Notice to the Indemnifying Party.
Appears in 2 contracts
Samples: Amended and Restated Agreement and Plan of Merger (NewAge, Inc.), Agreement and Plan of Merger (New Age Beverages Corp)
Election to Conduct Defense. Promptly after receiving an Initial Claim Notice under Section 8.5(a), the Indemnifying Party may will have the option to conduct the defense Defense of such Third Party Claim, at the expense of the Indemnifying Party. To elect to conduct such defenseDefense, the Indemnifying Party shall must give written notice of such election to the Claiming Party within 20 10 days (or within the shorter period, if any, during which a Defense must be commenced for the preservation of rights) after the Claiming Party gives the corresponding Initial Claim Notice to the Indemnifying Party.
Appears in 2 contracts
Samples: Asset Purchase Agreement (PreVu, INC), Asset Purchase Agreement (G Iii Apparel Group LTD /De/)
Election to Conduct Defense. Promptly after receiving an Initial Claim Notice under Section 8.5(a), the Indemnifying Party may will have the option to conduct the defense of such Third Party Claim, at the expense of the Indemnifying Party. To elect to conduct such defense, the Indemnifying Party shall must give written notice of such election to the Claiming Party within 20 days after the Claiming Party gives the corresponding Initial Claim Notice to the Indemnifying Party.
Appears in 1 contract
Samples: Stock Purchase Agreement (Winnebago Industries Inc)
Election to Conduct Defense. Promptly after After receiving an Initial Claim Notice under Section 8.5(a), the Indemnifying Party may will have the option to conduct the defense Defense of such Third Party Claim, Claim (the conduct of such Defense being at the expense of the Indemnifying Party). To elect to conduct such defenseDefense, the Indemnifying Party shall must give written notice of such election to the Claiming Party within 20 15 days (or within the shorter period, if any, during which a Defense must be commenced for the preservation of rights) after the Claiming Party gives the corresponding Initial Claim Notice to the Indemnifying Party.
Appears in 1 contract
