Common use of Failure to Give Timely Notice of Third Party Claim Clause in Contracts

Failure to Give Timely Notice of Third Party Claim. The failure to provide a Claim Notice of a Third Party Claim to the Indemnifier shall relieve the Indemnifier from liability under this Agreement with respect to such Third Party Claim only if, and only to the extent that, such failure to provide a Claim Notice to the Indemnifier results in (i) the forfeiture by the Indemnifier of rights and defences otherwise available to the Indemnifier with respect to such Third Party Claim, (ii) material prejudice to the Indemnifier with respect to such Third Party Claim, or (iii) the loss of any right by the Indemnifier to recover any payment under its applicable insurance coverage.

Failure to Give Timely Notice of Third Party Claim. The failure to provide a Claim Notice of a Third Party Claim received by the Indemnified Party to the Indemnifier an Indemnifying Party shall relieve the Indemnifier Indemnifying Party from liability under this Agreement with respect to such Third Party Claim only if, and only to the extent that, such failure to provide a Claim Notice to the Indemnifier Indemnifying Party results in (i) the forfeiture by the Indemnifier Indemnifying Party of rights and defences otherwise available to the Indemnifier Indemnifying Party with respect to such Third Party Claim, (ii) material prejudice to the Indemnifier Indemnifying Party with respect to such Third Party Claim, or (iii) the loss of any right by the Indemnifier Indemnifying Party to recover any payment under its applicable insurance coverage.

Failure to Give Timely Notice of Third Party Claim. The failure to provide a Claim Notice of a Third Party Claim to the Indemnifier within the time period prescribed by Section 9.4(a) shall not relieve the Indemnifier from liability under this Agreement with respect to such Third Party Claim only except if, and only to the extent that, such failure to provide a timely Claim Notice to the Indemnifier results in in: (ia) the forfeiture by the Indemnifier of rights and defences otherwise available to the Indemnifier with respect to such Third Party Claim, ; (iib) material prejudice to the Indemnifier with respect to such Third Party Claim, ; or (iiic) the loss of any right by the Indemnifier to recover any payment under its applicable insurance coverage.

Failure to Give Timely Notice of Third Party Claim. The failure to provide a Claim Notice of a Third Party Claim to the Indemnifier within the time period prescribed by Section 9.4(a) shall relieve the Indemnifier from liability under this Agreement with respect to such Third Party Claim only if, and only to the extent that, such failure to provide a timely Claim Notice to the Indemnifier results in in: (ia) the forfeiture by the Indemnifier of rights and defences otherwise available to the Indemnifier with respect to such Third Party Claim, ; (iib) material prejudice to the Indemnifier with respect to such Third Party Claim, ; or (iiic) the loss of any right by the Indemnifier to recover any payment under its applicable insurance coverage.

Failure to Give Timely Notice of Third Party Claim. ‌ The failure to provide a Claim Notice of a Third Party Claim to the Indemnifier within the time period prescribed by Section 10.7(a) shall relieve the Indemnifier from liability under this Agreement with respect to such Third Party Claim only if, and only to the extent that, such failure to provide a timely Claim Notice to the Indemnifier results in in: (ia) the forfeiture by the Indemnifier of rights and defences otherwise available to the Indemnifier with respect to such Third Party Claim, ; (iib) material prejudice to the Indemnifier with respect to such Third Party Claim, ; or (iiic) the loss of any right by the Indemnifier to recover any payment under its applicable insurance coverage.