Failure of Indemnifying Person to Act. In the event that the Indemnifying Party does not assume the defense of any claim, suit, action or proceeding covered by indemnification under this Article VII, 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 under this Article VII.
Appears in 3 contracts
Samples: Purchase Agreement (Ipvoice Communications Inc), Purchase Agreement (Ipvoice Communications Inc), Purchase Agreement (Ipvoice Communications Inc)
Failure of Indemnifying Person to Act. In the event that the Indemnifying Party does not elect to assume the defense of any claim, suit, action or proceeding covered by indemnification under this Article VIIproceeding, 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 under this Article VIIhereunder.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Brand Energy & Infrastructure Services, Inc), Asset Purchase Agreement (Eloyalty Corp)
Failure of Indemnifying Person to Act. In the event that the Indemnifying Party does not assume the defense of any claim, suit, action or proceeding covered by indemnification under this Article VIIArticle, 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 under this Article VIIArticle.
Appears in 1 contract
Failure of Indemnifying Person to Act. In the event that the Indemnifying Party does Parties do not elect to assume the defense of any claim, suit, action or proceeding covered by indemnification under this Article VIIproceeding, 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 Parties of its their obligations under this Article VIIhereunder.
Appears in 1 contract
Samples: Agreement and Plan of Merger (Commercial National Financial Corp /Pa)
Failure of Indemnifying Person to Act. In the event that the Indemnifying Party does not assume the defense of any claim, suit, action or proceeding covered by indemnification under this Article VIIindemnification, 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 under this Article VIIobligations.
Appears in 1 contract
Samples: Purchase Agreement (China Crescent Enterprises, Inc.)
