Common use of Indemnification for Third Party Claims Clause in Contracts

Indemnification for Third Party Claims. No obligation to indemnify which is set forth in this Article 10 shall apply unless the party claiming indemnification notifies the other party as soon as practicable (within thirty (30) days after the notice, or such shorter period as is required to avoid any prejudice in the claim, suit or proceeding) of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge, and gives the other party the opportunity to control the response to and defense of such claim; provided, however, that the indemnitee shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a Third Party and to be represented by its own attorneys, all at the indemnitee's cost and expense; provided further, however, that no settlement or compromise of an asserted Third Party claim other than one for the payment of money may be made without the prior written consent of the indemnitee.

Indemnification for Third Party Claims. No Notwithstanding anything else contained in this Agreement, no obligation to indemnify which is set forth in this Article 10 IX shall apply unless the party claiming indemnification notifies the other party as soon as practicable (within thirty sixty (3060) days after the notice, or such shorter period as is required to avoid any prejudice in the claim, suit or proceeding) of any matters in respect of which the indemnity may apply and of which the notifying party has knowledge, knowledge and gives the other party the opportunity to control the response to thereto and the defense of such claimthereof; provided, however, that the indemnitee party claiming indemnification shall have the right to participate in any legal proceedings to contest and defend a claim for indemnification involving a Third Party third party and to be represented by its own attorneys, all at the indemniteesuch party's cost and expense; provided further, however, that no settlement or compromise of an asserted Third Party third party claim other than one for the payment of money may be made without the prior written consent of the indemniteeparty claiming indemnification.