Failure to Give Timely Notice. The failure to give timely notice under this Article VIII will not affect the rights or obligations of any Party except to the extent (and only to the extent) that, as a result of such failure, the Party that was entitled to receive such notice suffered serious damage or was otherwise materially adversely prejudiced in the defence of such claim.
Appears in 2 contracts
Samples: Separation and Transition Agreement (Encana Corp), Separation and Transition Agreement (Cenovus Energy Inc.)
Failure to Give Timely Notice. The failure to give timely notice under as provided in this Article VIII IX will not affect the rights or obligations of any Party except to the extent (and only to the extent) extent that, as a result of such failure, the Party that was entitled to receive such notice suffered serious damage or was otherwise materially adversely prejudiced in the defence of such claimprejudiced.
Appears in 1 contract
Samples: Separation and Transition Agreement
Failure to Give Timely Notice. The A failure by an Indemnified Party to give timely notice under as provided in this Article VIII VII will not affect the rights or obligations of any Party hereunder except to the extent (and only to the extent) extent that, as a result of such failure, the any Party that was entitled to receive such notice suffered serious damage or was otherwise actually and materially adversely prejudiced in the defence as a result of such claimfailure to give timely notice vis-à-vis its rights and obligations hereunder or otherwise.
Appears in 1 contract
Failure to Give Timely Notice. The failure to give timely notice under this Article VIII 4 will not affect the rights or obligations of any Party except to the extent (and only to the extent) that, as a result of such failure, the Party that was entitled to receive such notice suffered serious damage or was otherwise materially adversely prejudiced in the defence of such claim.
Appears in 1 contract
Samples: Arrangement Agreement