Common use of Failure to Indemnify Clause in Contracts

Failure to Indemnify. (a) If a claim under this Agreement, or any statute, or under any provision of the Company's Second Amended and Restated Certificate of Incorporation or Bylaws providing for indemnification, is not paid in full by the Company, within forty-five (45) days after a written request for payment thereof has been received by the Company, Indemnitee may, but need not, at any time thereafter bring an action against the Company to recover the unpaid amount of the claim and, subject to Section 11 of this Agreement, if successful in whole or in part, Indemnitee shall also be entitled to be paid for the expense (including attorneys' fees) of bringing such action.

Failure to Indemnify. (a) If a claim under this Agreement, or any statuteapplicable law, or under any provision of the Company's Second Amended and Restated Certificate of Incorporation or Bylaws providing for indemnification, is not paid in full by the Company, within forty-five (45) days after a written request for payment thereof has been received by the Company, Indemnitee may, but need not, at any time thereafter bring an action against the Company to recover the unpaid amount of the claim and, subject to Section 11 of this Agreement, if successful in whole or in part, Indemnitee shall also be entitled to be paid for the expense (including attorneys' fees) of bringing such action.

Failure to Indemnify. (a) If a claim under this Agreement, or any statute, or under any provision of the Company's Second Amended and Restated Certificate of Incorporation or Bylaws providing for indemnificationindemnif ication, is not paid in full by the Company, within forty-five (45) days after a written request for payment thereof has been received by the Company, Indemnitee may, but need not, at any time thereafter bring an action against the Company to recover the unpaid amount of the claim and, subject to Section 11 12 of this Agreement, if successful in whole or in part, Indemnitee shall also be entitled to be paid for the expense (including attorneys' fees) of bringing such action.

Failure to Indemnify. (a) If a claim under this Agreement, or any statute, or under any provision of the Company's Second Amended and Restated ’s Certificate of Incorporation or Bylaws providing for indemnification, is not paid in full by the Company, Insurance Company or, if the Trust Fund shall have been established, by the Trustee, within forty-five twenty (4520) days after a written request for payment thereof has been received by the Company, Indemnitee may, but need not, at any time thereafter bring an action against the Company to recover the unpaid amount of the claim and, subject to Section 11 of this Agreement12, if successful in whole or in part, Indemnitee shall also be entitled to be paid for the expense (including but not limited to attorneys' fees’ fees and costs) of bringing such action.

Failure to Indemnify. (a) If a claim under this Agreement, or any statute, or under any provision of the Company's Second Amended and Restated ’s Certificate of Incorporation Incorporation, as amended, or Bylaws providing for indemnification, is not paid in full by the Company, within forty-five (45) days after a written request for payment thereof has been received by the Company, Indemnitee may, but need not, at any time thereafter bring an action against the Company to recover the unpaid amount of the claim and, subject to Section 11 of this Agreement, if successful in whole or in part, Indemnitee shall also be entitled to be paid for the expense (including attorneys' ’ fees) of bringing such action.

Failure to Indemnify. (a) If a claim under this Agreement, or any statute, or under any provision of the Company's Second Amended and Restated Certificate of Incorporation or Bylaws providing for indemnification, is not paid in full by the Company, Insurance Company or, if the Trust Fund shall have been established, by the Trustee, within forty-five twenty (4520) days after a written request for payment thereof has been received by the Company, Indemnitee may, but need not, at any time thereafter bring an action against the Company to recover the unpaid amount of the claim and, subject to Section 11 of this Agreement12, if successful in whole or in part, Indemnitee shall also be entitled to be paid for the expense (including but not limited to attorneys' feesfees and costs) of bringing such action.

Failure to Indemnify. (a) If a claim under this Agreement, or any statute, or under any provision of the Company's Second Amended and Restated Certificate of Incorporation or Bylaws providing for indemnification, is not paid in full by the Company, Insurance Company or, if the Trust Fund shall have been established, by the Trustee, within forty-five (45) days after a written request for payment thereof has been received by the Company, Indemnitee may, but need not, at any time thereafter bring an action against the Company to recover the unpaid amount of the claim and, subject to Section 11 of this Agreement, if successful in whole or in part, Indemnitee shall also be entitled to be paid for the expense (including attorneys' fees) of bringing such action.