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

Failure of Indemnifying Person to Act. In the event that the Indemnifying Person does not elect to assume the defense of any Third Party Claim, then (a) the Indemnified Person shall (upon further notice to the Indemnifying Person) have the right to undertake the defense, compromise or settlement of such Third Party Claim on behalf of and for the account and risk of the Indemnifying Person, subject to the Indemnifying Person's election to assume the defense of such Third Party Claim at any time prior to settlement, compromise or final determination thereof; and (b) any failure of the Indemnified Person 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 Person of its obligations hereunder.

Failure of Indemnifying Person to Act. In the event that the ------------------------------------- Indemnifying Person does not elect to assume the defense of any Third Party Claim, then (a) the Indemnified Person Party shall (upon further notice to the Indemnifying PersonParty) have the right to undertake the defense, compromise or settlement of such Third Party Claim on behalf of and for the account and risk of the Indemnifying PersonParty, subject to the Indemnifying PersonParty's election to assume the defense of such Third Party Claim at any time prior to settlement, compromise or final determination thereof; and (b) any failure of the Indemnified Person 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 Person of its obligations hereunder.

Failure of Indemnifying Person to Act. In the event that If the Indemnifying Person does not elect to assume the defense of any Third Party Claim, then (a) the Indemnified Person shall (upon further notice to the Indemnifying Person) have the right to undertake the defense, compromise or settlement of such the Third Party Claim on behalf of and for the account and risk of the Indemnifying Person, subject to the Indemnifying Person's ’s election to assume the defense of such the Third Party Claim at any time prior to settlement, compromise or final determination thereofof the claim; and (b) any failure of the Indemnified Person to defend or to participate in the defense of any such a Third Party Claim or to cause the same to be done, shall not relieve the Indemnifying Person of its obligations hereunderunder this Agreement.

Failure of Indemnifying Person to Act. In the event that the Indemnifying Person does not elect to assume the defense of any Third Party Claim, then (a) the Indemnified Person Party shall (upon further notice to the Indemnifying PersonParty) have the right to undertake the defense, compromise or settlement of such Third Party Claim on behalf of and for the account and risk of the Indemnifying PersonParty, subject to the Indemnifying PersonParty's election to assume the defense of such Third Party Claim at any time prior to settlement, compromise or final determination thereof; and (b) any failure of the Indemnified Person 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 Person of its obligations hereunder.

Failure of Indemnifying Person to Act. In the event that If the Indemnifying Person does not elect to assume the defense of any Third Party Claim, then (a) the Indemnified Person shall (upon further notice to the Indemnifying Person) have the right to undertake the defense, compromise or settlement of such Third Party Claim on behalf of and for the account and risk of the Indemnifying PersonParty, subject to the Indemnifying PersonParty's election to assume the defense of such Third Party Claim at any time prior to settlement, compromise or final determination thereofof the Claim; and (b) any failure of the Indemnified Person to defend or to participate in the defense of any such a Third Party Claim or to cause the same to be done, shall not relieve the Indemnifying Person of its obligations hereunderunder this Agreement.

Failure of Indemnifying Person to Act. In the event that the Indemnifying Person does not elect to assume the defense of any Third Party Claim, then (a) the Indemnified Person shall (upon further notice to the Indemnifying Person) have the right to undertake the defense, compromise or settlement of such Third Party Claim on behalf of and for the account and risk of the Indemnifying Person, subject to the Indemnifying Person's election to assume the defense of such Third Party Claim at any time prior to settlement, compromise or final determination thereof; and (b) any failure of the Indemnified Person 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 Person of its obligations hereunder.. September 9, 2004 (Wire)