Common use of Indemnification Process Clause in Contracts

Indemnification Process. A party’s duty to defend and indemnify under the Agreement is contingent upon the other party: (a) sending prompt written notice of the Indemnified Claim to the indemnifying party and taking reasonable steps to mitigate damages; (b) granting to the indemnifying party the sole right to control the defense and resolution of the Indemnified Claim; and (c) cooperating with the indemnifying party in the defense and resolution of the Indemnified Claim and in mitigating any damages. “Indemnified Claim” in this Clause 15.5 (Indemnification Process) means any and all claims indemnified by a party under this Clause 15 (Indemnities). The parties' respective rights to Indemnified Claims under this Clause 15 (Indemnities) are in lieu of any common law or statutory indemnification rights or analogous rights, and each party waives such common law or statutory rights, if allowed by applicable law.

Appears in 55 contracts

Samples: Distributor Agreement, Dell Apex Reseller Agreement, Distributor Agreement

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Indemnification Process. A party’s duty to defend and indemnify under the Agreement is contingent upon the other party: (a) sending prompt written notice of the Indemnified Claim to the indemnifying party and taking reasonable steps to mitigate damages; (b) granting to the indemnifying party the sole right to control the defense and resolution of the Indemnified Claim; and (c) cooperating with the indemnifying party in the defense and resolution of the Indemnified Claim and in mitigating any damages. “Indemnified Claim” in this Clause 15.5 16.5 (Indemnification Process) means any and all claims indemnified by a party under this Clause 15 16 (Indemnities). The parties' respective rights to Indemnified Claims under this Clause 15 16 (Indemnities) are in lieu of any common law or statutory indemnification rights or analogous rights, and each party waives such common law or statutory rights, if allowed by applicable law.

Appears in 14 contracts

Samples: Cloud Service Offerings Agreement, Cloud Service Offerings Agreement, Cloud Service Offerings Agreement

Indemnification Process. A party’s duty to defend and indemnify under the Agreement is contingent upon the other party: (a) sending prompt written notice of the Indemnified Claim to the indemnifying party and taking reasonable steps to mitigate damages; (b) granting to the indemnifying party the sole right to control the defense and resolution of the Indemnified Claim; and (c) cooperating with the indemnifying party in the defense and resolution of the Indemnified Claim and in mitigating any damages. “Indemnified Claim” in this Clause 15.5 – Part A (Indemnification Process) means any and all claims indemnified by a party under this Clause 15 – Part A (Indemnities). The parties' respective rights to Indemnified Claims under this Clause 15 – Part A (Indemnities) are in lieu of any common law or statutory indemnification rights or analogous rights, and each party waives such common law or statutory rights, if allowed by applicable law.

Appears in 1 contract

Samples: Dell Apex Agreement

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Indemnification Process. A party’s duty to defend and indemnify under the Agreement is contingent upon the other party: (a) sending prompt written notice of the Indemnified Claim to the indemnifying party and taking reasonable steps to mitigate damages; (b) granting to the indemnifying party the sole right to control the defense and resolution of the Indemnified Claim; and (c) cooperating with the indemnifying party in the defense and resolution of the Indemnified Claim and in mitigating any damages. "Indemnified Claim" in this Clause 15.5 (Indemnification Process) means any and all claims indemnified by a party under this Clause 15 (Indemnities). The parties' respective rights to Indemnified Claims under this Clause 15 (Indemnities) are in lieu of any common law or statutory indemnification rights or analogous rights, and each party waives such common law or statutory rights, if allowed by applicable law.

Appears in 1 contract

Samples: Distributor Agreement

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