Enforcement of Indemnity. It is not necessary for an Indemnified Party to incur expense or make payment before enforcing a right of indemnity conferred by this Royalty Agreement.
Enforcement of Indemnity. It is not necessary for a party to incur expense or make payment before enforcing a right of indemnity under this Agreement.
Enforcement of Indemnity. The Lessor shall have the right to enforce this Indemnity regardless of the acceptance of additional security from the Lessee and regardless of the release or discharge of the Lessee by the Lessor or by others or by operation of any law.
Enforcement of Indemnity. In the event any Hazardous Materials are identified on the Property that Landlord reasonably believes are the responsibility of Lucent as the prior tenant of the Property, Landlord shall use commercially reasonable efforts to enforce, for the mutual benefit of Landlord and Tenant, any indemnity claim it has against Lucent with respect to such Hazardous Materials. If Tenant suffers actual damage or liability as a result of such Hazardous Materials, any award that Landlord receives as a result of the exercise of such right shall be equitably shared with Tenant to compensate Tenant for such damage or liability. Similarly, in the event of any deposit, release or migration of any Hazardous Materials in, on or under the Property as a result of any activities by Loral/Librascope Corporation or its successors, assigns, contractors, consultants or agents under the Access Agreement, which requires any remediation beyond that already being pursued by Loral/Librascope Corporation or which potentially imposes any liability upon Tenant, Landlord shall use commercially reasonable efforts to enforce, for the mutual benefit of Landlord and Tenant, any indemnity claim it has against Loral/Librascope Corporation with respect to such Hazardous Materials. If Tenant suffers actual damage or liability as a result of such Hazardous Materials, any award that Landlord receives as a result of the exercise of such right shall be equitably shared with Tenant to compensate Tenant for such damage or liability.
Enforcement of Indemnity. The Landlord shall have the right to enforce the Indemnity regardless of the acceptance of additional security from the Tenant and regardless of the release or discharge of the Tenant by the Landlord or by others or by operation of any law.
Enforcement of Indemnity. A party can enforce its rights of indemnity under this Agreement without first incurring any expense or making any payment.
Enforcement of Indemnity. 34 18.3 Continuation of Indemnity.......................................................... 35 18.4 No Defence......................................................................... 35 18.5 Modification in Writing............................................................ 35 18.6 Authority.......................................................................... 35 18.7 Enurement.......................................................................... 35 18.8 Assignments, Reorganization, Etc................................................... 35
Enforcement of Indemnity. An Indemnified Party need not incur any cost or make any payment before enforcing any right of indemnity under this clause 22.
Enforcement of Indemnity. Any right to indemnification or advances granted by this Agreement to Indemnitee shall be enforceable by or on behalf of Indemnitee in any court of competent jurisdiction if (i) the claim for indemnification or advances is denied, in whole or in part, or (ii) no disposition of such claim is made within ninety (90) days after a request therefore. Indemnitee, in such enforcement action, if successful in whole or in part, shall be entitled to be paid also the expense of prosecuting his claim. It shall be a defense to any action for which a claim for indemnification is made under Section 3 hereof (other than an action brought to enforce a claim for an advance or reimbursement of expenses under this Agreement, provided that the required undertaking has been tendered to the Company) that Indemnitee is not entitled to indemnification because of the limitations set forth in Section 4 hereof. Neither the failure of the Company (including its board of directors or its stockholders) to have made a determination prior to the commencement of such enforcement action that indemnification of Indemnitee is proper in the circumstances, nor an actual determination by the Company (including its board of directors or its stockholders) that such indemnification is improper shall be a defense to the action or create a presumption that Indemnitee is not entitled to indemnification under this Agreement or otherwise.
Enforcement of Indemnity. The obligations of Petro-Canada under this Indemnity shall be enforceable by the Agent and the Lenders upon demand by the Agent for payment of the Obligations without the necessity of any action or recourse whatsoever against the Borrower, any security or any other indemnitor or guarantor.
