Indemnification Conditions. The right of a Party (“Indemnitee”) to be indemnified by the other Party (“Indemnitor”) under any indemnity contained in this EPA in respect of a claim by a third Person is subject to the conditions that: (a) the Indemnitee gives the Indemnitor prompt notice of such claim, the right to select and instruct counsel, and all reasonable cooperation and assistance, including the availability of documents and witnesses within the control of the Indemnitee, in the defence or settlement of the claim; and (b) the Indemnitee does not compromise or settle the claim without the prior consent of the Indemnitor.
Appears in 3 contracts
Samples: Electricity Purchase Agreement, Electricity Purchase Agreement, Electricity Purchase Agreement (Mercer International Inc.)
Indemnification Conditions. The right of a Party (“Indemnitee”) to be indemnified by the other Party (“Indemnitor”) under any indemnity contained in this EPA in respect of a claim by a third Person is subject to the conditions that:
(a) the Indemnitee gives the Indemnitor prompt notice of such claim, the right to select and instruct counsel, and all reasonable cooperation and assistance, including the availability of documents and witnesses within the control of the Indemnitee, in the defence or settlement of the claim; and
(ba) the Indemnitee does not compromise or settle the claim without the prior consent of the Indemnitor.
Appears in 2 contracts
Samples: Electricity Purchase Agreement, Electricity Purchase Agreement
Indemnification Conditions. - The right of a Party (“Indemnitee”) to be indemnified by the other Party (“Indemnitor”) under any indemnity contained in this EPA in respect of a claim by a third Person is subject to the conditions that:
(a) the Indemnitee gives the Indemnitor prompt notice of such claim, the right to select and instruct counsel, and all reasonable cooperation and assistance, including the availability of documents and witnesses within the control of the Indemnitee, in the defence or settlement of the claim; and
(b) the Indemnitee does not compromise or settle the claim without the prior consent of the Indemnitor.
Appears in 1 contract
Samples: Electricity Purchase Agreement
Indemnification Conditions. The right of a Party (“Indemnitee”) to be indemnified by the other Party (“Indemnitor”) under any indemnity contained in this EPA in respect of a claim by a third Person is subject to the conditions that:
(a) the Indemnitee gives the Indemnitor prompt notice of such claim, the right to select and instruct counsel, and all reasonable cooperation and assistance, including the availability of documents and witnesses within the control of the Indemnitee, in the defence or settlement of the claim; and
(ba) the Indemnitee does not compromise or settle the claim without the prior consent of the Indemnitor.
Appears in 1 contract
Samples: Electricity Purchase Agreement