Failure of Indemnifying Party to Act. In the event that the indemnifying party does not elect to assume the defense of any claim, suit, action or proceeding, then any failure of the indemnified party to defend or to participate in the defense of any such claim, suit, action or proceeding or to cause the same to be done, shall not relieve the indemnifying party of its obligations hereunder, provided, that the indemnified party gives the indemnifying party at least thirty (30) days written notice of its proposed failure to defend or participate and affords the indemnifying party the opportunity to assume the defense thereof.
Failure of Indemnifying Party to Act. In the event that the indemnifying Party does not elect to assume the defense of any Third Party Claim, then any failure of the indemnified Party to defend or to participate in the defense of any such Third Party Claim or to cause the same to be done, shall not relieve the indemnifying Party of its obligations hereunder; provided, however, that the indemnified Party shall have given the indemnifying Party at least 30 days’ notice of its proposed failure to defend or participate and affords the indemnifying Party the opportunity to assume the defense thereof prior to the end of such period.
Failure of Indemnifying Party to Act. In the event the indemnifying party does not elect to assume the defense of any claim, suit, action or proceeding, then any failure of the indemnified party to defend or to participate in the defense of any such claim, suit, action or proceeding or to cause same to be done, shall not relieve the indemnifying party of its obligations hereunder, provided that the indemnified party gives the indemnifying party at least thirty (30) days' notice of its proposed intention not to defend or participate and affords the indemnifying party the opportunity to assume the defense thereof.
Failure of Indemnifying Party to Act. In the event that the Indemnifying Party does not elect to assume the defense of any claim or to cause the same to be done, then any failure of the Indemnified Party to defend or participate in the defense of any such claim or to cause the same to be done, shall not relieve the Indemnifying Party of its obligations hereunder; provided however, that the Indemnified Party shall have given the Indemnifying Party at least thirty (30) days' notice of its proposed failure to defend or participate and afford the Indemnifying Party the opportunity to assume defense thereof prior to the end of such period.
