Failure to Pay Indemnification. If and to the extent the Indemnitee shall make written demand upon the Indemnitor for indemnification pursuant to this Article 8 and the Indemnitor shall refuse or fail to pay in full within ten Business Days of such written demand the amounts demanded pursuant hereto and in accordance herewith, then the Indemnitee may utilize any legal or equitable remedy to collect from the Indemnitor the amount of its Losses. Nothing contained herein is intended to limit or constrain the Indemnitee's rights against the Indemnitor for indemnity, the remedies herein being cumulative and in addition to all other rights and remedies of the Indemnitee.
Failure to Pay Indemnification. If Indemnitor fails or refuses to pay any amount due under this ARTICLE 11, the Indemnitee shall proceed in accordance with the arbitration provisions of SECTION 17.11 hereof; provided, however, that in the case of indemnification for a Third-Party Claim, such matter need not be resolved by arbitration until the underlying Third-Party Claim is finally resolved.
Failure to Pay Indemnification. If and to the extent an Indemnitee makes written demand upon an Indemnitor for indemnification pursuant to this Article VI and the Indemnitor refuses or fails to pay in full within 10 business days after final determination with respect thereto, then the Indemnitee may use any legal or equitable remedy to collect from the Indemnitor the amount of its Damages. Nothing contained herein is intended to limit or constrain an Indemnitee's rights against an Indemnitor for indemnity, the remedies herein being cumulative and in addition to all other rights and remedies of the Indemnitee.
Failure to Pay Indemnification. If and to the extent the Indemnitee shall make written demand upon the Indemnitor for indemnification pursuant to this Article and the Indemnitor shall refuse or fail to pay in full within thirty (30) Business Days of such written demand the amounts demanded pursuant hereto and in accordance herewith, then the Indemnitee shall proceed in accordance with the arbitration provisions of Section 24.12 hereof; provided, however, that in the case of indemnification for a Third-Party Claim, such matter need not be resolved by arbitration until the underlying Third-Party Claim is finally resolved.
Failure to Pay Indemnification. If and to the extent the Indemnified Party shall make written demand upon the Indemnifying Party for indemnification authorized pursuant to this Article 5 and the Indemnifying Party shall refuse or fail to pay in full within ten business days of such written demand the amounts demanded pursuant hereto and in accordance herewith, then the Indemnified Party may utilize any legal or equitable remedy to collect from the Indemnifying Party the amount of its Damages plus all costs, including reasonable attorneys’ fees incurred in connection with such collection efforts. Nothing contained herein is intended to limit or constrain the Indemnified Party’s rights against the Indemnifying Party for indemnity, the remedies herein being cumulative and in addition to all other rights and remedies of the Indemnified Party.
Failure to Pay Indemnification. If and to the extent the Indemnitee shall make written demand upon the Indemnitor for indemnification pursuant to this Article 10 and the Indemnitor shall refuse or fail to pay in full within ten (10) Business Days of such written demand the amounts demanded pursuant hereto and in accordance herewith, then the Indemnitee may utilize any legal or equitable remedy to collect from the Indemnitor the amount of its Losses. Nothing contained herein is intended to limit or constrain the Indemnitee’s rights against the Indemnitor for indemnity, the remedies herein being cumulative and in addition to all other rights and remedies of the Indemnitee. Notwithstanding the foregoing, while any amount of the Seller Note and/or the Shareholders’ Notes remain unpaid, Buyer will, upon an occurrence of an indemnification obligation owing to Buyer under this Agreement, as determined by a final order in any adjudication, have the right to set-off and apply any payment that otherwise would be paid in respect to the Seller Note and/or the Shareholders’ Notes to the payment of any indemnification obligation.
Failure to Pay Indemnification. If and to the extent the Indemnitee shall make written demand upon the Indemnitor for indemnification pursuant to this Article 8 and the Indemnitor shall refuse of fail to pay in full within the time period specified in Section 8.4 the amounts demanded pursuant hereto and in accordance herewith, the Indemnitee may utilize any legal or equitable remedy to collect from the Indemnitor the amount of its Losses including the right to offset such amounts against any principal or interest due under the Note. Nothing contained herein is intended to limit or constrain the Indemnitee's rights against the Indemnitor for indemnity, the remedies herein being cumulative and in addition to all other rights and remedies of the Indemnitee.
Failure to Pay Indemnification. If and to the extent the Indemnitee shall make written demand upon the Indemnitor for indemnification pursuant to this Article 13 and the Indemnitor shall refuse or fail to pay in full within 20 Business Days of such written demand the amounts demanded pursuant hereto and in accordance herewith, then the Indemnitee shall proceed in accordance with the arbitration provisions of Section 24.12 hereof; provided, however,
Failure to Pay Indemnification. If and to the extent the Indemnitee shall make written demand upon the Indemnitor for indemnification pursuant to this Article 7.0 and the Indemnitor shall refuse or fail to pay in full within 15 Business Days of such written demand and the Indemnitor has not notified the Indemnitee of its intent to submit the matter to arbitration pursuant to and in accordance with Article 10.0 hereof, the amounts demanded pursuant hereto and in accordance herewith, then the Indemnitee may utilize any legal or equitable remedy to collect from the Indemnitor the amount of its Losses. Nothing contained herein is intended to limit or constrain the Indemnitee’s rights against the Indemnitor for indemnity, the remedies herein being cumulative and in addition to all other rights and remedies of the Indemnitee.
Failure to Pay Indemnification. Subject to Section 8.6, if and to the extent the Indemnified Party shall make written demand upon the Indemnifying Party for indemnification pursuant to this Article VIII and the Indemnifying Party shall refuse or fail to pay in full within ten (10) Business Days after the date payment is owed pursuant to Section 8.6, then the Indemnified Party may utilize any legal or equitable remedy to collect from the Indemnifying Party the amount of its Damages. Interest shall accrue on any amounts owed to an Indemnified Party and not timely paid by the Indemnifying Party at the Default Rate and shall constitute additional Damages payable to the Indemnified Party, subject to the limitations set forth herein.
