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.
Appears in 1 contract
Samples: Merger and Acquisition Agreement (Billing Concepts Corp)
Failure to Pay Indemnification. If Indemnitor fails or refuses to pay any amount due under this ARTICLE Article 11, the Indemnitee shall proceed in accordance with the arbitration provisions of SECTION 17.11 Section 19.11 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.,
Appears in 1 contract
Samples: Plan of Merger and Acquisition Agreement (Billing Concepts Corp)
Failure to Pay Indemnification. If Indemnitor fails or refuses to pay any amount due under this ARTICLE Article 11, the Indemnitee shall proceed in accordance with the arbitration provisions of SECTION 17.11 Section 18.11 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.
Appears in 1 contract
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 18.11 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.
Appears in 1 contract
Samples: Plan of Reorganization, Merger and Acquisition Agreement (Billing Concepts Corp)
Failure to Pay Indemnification. If Indemnitor fails or refuses to pay any amount due under this ARTICLE 11Article 9, the Indemnitee shall proceed in accordance with the arbitration provisions of SECTION 17.11 Section 12.11 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.
Appears in 1 contract
Samples: Merger Agreement (Ilex Oncology Inc)