Common use of Failure of Indemnifying Party to Act Clause in Contracts

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 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' 30 days written 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 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' written 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 If the event the indemnifying party Indemnifying Party does not elect to assume the defense of any claim, suit, action or proceeding, then any failure of the indemnified party 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 Indemnifying Party of its obligations hereunder, under this Agreement; provided that the indemnified party Indemnified Party gives the indemnifying party Indemnifying Party at least thirty (30) 10 days' notice of its proposed intention not failure to defend or participate and affords the indemnifying party Indemnifying Party the opportunity to assume the defense thereof.