Indemnified Party. If a Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 238 contracts
Samples: Lgia, Interconnection Agreement, Interconnection Agreement
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.318.1, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 168 contracts
Samples: Large Generator Interconnection Agreement, Large Generator Interconnection Agreement, Standard Large Generator Interconnection Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 142 contracts
Samples: Large Generator Interconnection Agreement, Standard Interconnection Agreement, Service Agreement
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 as a result of a claim by a third partynon-Party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.318.2, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 60 contracts
Samples: Generator Interconnection Agreement (Gia), Generator Interconnection Agreement (Gia), Generator Interconnection Agreement (Gia)
Indemnified Party. If a Party is entitled to indemnification under this Article 18 12 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.312.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 49 contracts
Samples: Engineering, Procurement, and Construction Agreement, Engineering, Procurement, and Construction Agreement, Engineering, Procurement, and Construction Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 12 as a result of a claim by a third party, and the indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.312.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 13 contracts
Samples: Engineering, Procurement, and Construction Agreement, Engineering, Procurement, and Construction Agreement, Service Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 17 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.317.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 10 contracts
Samples: Interconnection Agreement, Interconnection Agreement, Interconnection Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 13 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.313.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 8 contracts
Samples: Engineering, Procurement, and Construction Agreement, Service Agreement, Engineering, Procurement, and Construction Agreement
Indemnified Party. If a the Indemnified Party is entitled to indemnification under this Article 18 15 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, Section 15.1 to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle settle, or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 7 contracts
Samples: Approved Project Sponsor Agreement (Apsa), Approved Project Sponsor Agreement (Apsa), Approved Project Sponsor Agreement (Apsa)
Indemnified Party. If a Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying indemnifyingIndemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 6 contracts
Samples: Interconnection Agreement, Standard Large Generator Interconnection Agreement, Standard Large Generator Interconnection Agreement
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 8 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.38.1, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 6 contracts
Samples: Shared Network Upgrade Facilities Construction Agreement, Facilities Construction Agreement, Facilities Construction Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 0Article 12 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim12.1.
Appears in 5 contracts
Samples: Standard Large Generator Interconnection Service Agreement, Engineering, Procurement, and Construction Agreement, Engineering, Procurement, and Construction Agreement
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 as a result of a claim by a third non-party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.318.2, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 5 contracts
Samples: Large Generator Interconnection Agreement (ITC Holdings Corp.), Generator Interconnection Agreement, Generator Interconnection Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18Article 18 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 4 contracts
Samples: Standard Large Generator Interconnection Agreement, Service Agreement, Standard Large Generator Interconnection Agreement
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 as a result of a claim by a third partynon-Party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.318.2, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 3 contracts
Samples: Generator Interconnection Agreement, Generator Interconnection Agreement, Generator Interconnection Agreement
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 as a result of a claim by a third non-party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.under
Appears in 3 contracts
Samples: Generator Interconnection Agreement, Generator Interconnection Agreement, Generator Interconnection Agreement
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 12 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.312.2, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 3 contracts
Samples: Transmission Connection Agreement, Transmission Connection Agreement, Transmission Connection Agreement
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.318.1, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.,
Appears in 3 contracts
Samples: Large Generator Interconnection Agreement, Large Generator Interconnection Agreement, Large Generator Interconnection Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 13 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.313.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.the
Appears in 3 contracts
Samples: Engineering, Procurement, and Construction Agreement, Service Agreement, Service Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 1812 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.318.1.312.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 3 contracts
Samples: Engineering, Procurement, and Construction Agreement, Standard Large Generator Interconnection Agreement, Interconnection Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 12 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed SERVICE AGREEMENT NO. 2635 under Article 18.1.312.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 3 contracts
Samples: Engineering, Procurement, and Construction Agreement, Service Agreement, Engineering, Procurement, and Construction Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.the
Appears in 3 contracts
Samples: Service Agreement, Large Generator Interconnection Agreement, Service Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 11 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.311.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 2 contracts
Samples: Standard Upgrade Construction Agreement, Standard Interconnection Agreement
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.318.1, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.claim.
Appears in 2 contracts
Samples: Large Generator Interconnection Agreement, Large Generator Interconnection Agreement
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 Agreement as a result of a claim by a third non-party, and the indemnifying Indemnifying Party fails, after notice Notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party Person may at the expense of the Indemnifying Party Party, contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 2 contracts
Samples: Purchase Power Agreement, Wind Power Purchase Agreement
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 as a result of a claim by a third partynon-Party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.under
Appears in 2 contracts
Samples: Generator Interconnection Agreement, Generator Interconnection Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article Article 18 as a result of a claim by a third party, and the indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 2 contracts
Samples: Standard Large Generator Interconnection Agreement, Interconnection Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 18Article 12 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.318.1.312.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 2 contracts
Samples: Standard Large Generator Interconnection Service Agreement, Standard Large Generator Interconnection Service Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 13 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3Error! Reference source not found., to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 2 contracts
Samples: Service Agreement, Engineering, Procurement, and Construction Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 17 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.318.1.317.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 2 contracts
Samples: Standard Large Generator Interconnection Agreement, Standard Large Generator Interconnection Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 0 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.30, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 2 contracts
Samples: Interconnection Agreement, Interconnection Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 1818 as a result of a claim by a third party, and the indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.318.1.3,18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
Indemnified Party. If a Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3Article18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
Samples: Lgia No. 2345
Indemnified Party. If a Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
Indemnified Party. If a Party is entitled to indemnification under this Article 18 0Article 12 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.312.1.312.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
Samples: Engineering, Procurement, and Construction Agreement
Indemnified Party. If a the Indemnified Party is entitled to indemnification under this Article 18 13 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, Section 13.1 to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle settle, or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
Samples: Development Agreement
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 11 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under this Article 18.1.311, to assume the defense of such claim, such Indemnified Party Person may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
Samples: Interconnection Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article Article 18 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
Samples: Interconnection Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.. 52 SERVICE AGREEMENT NO. 2232
Appears in 1 contract
Samples: Interconnection Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the 49 SERVICE AGREEMENT NO. 2629 expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
Indemnified Party. If a Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying indemnifyingIndemnifying Party fails, after notice and reasonable opportunity to proceed under Article ,18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
Indemnified Party. If a Party is entitled to indemnification under this Article 18 12 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.312.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.claim.
Appears in 1 contract
Samples: Engineering, Procurement, and Construction Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 Article 12 as a result of a claim by a third party, and the indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.318.1.312.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
Indemnified Party. If a Party is entitled to indemnification under this Article 18 0Article 13 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.313.1.313.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
Samples: Engineering, Procurement, and Construction Agreement
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.and
Appears in 1 contract
Indemnified Party. If a Party is entitled to indemnification under this Article 18 0Article 13 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim13.1.
Appears in 1 contract
Samples: Interconnection Service Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 18 as a result of a claim by a third party, and the indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.318.1.318.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
Indemnified Party. If a Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.the
Appears in 1 contract
Samples: Interconnection Agreement
Indemnified Party. If a Party is entitled to indemnification under this Article 18 013 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim13.1.
Appears in 1 contract
Samples: Engineering, Procurement, and Construction Agreement
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 14 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.314.2, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
Indemnified Party. If a Party is entitled to indemnification under this Article 18 18 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.318.1.318.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
Indemnified Party. If a an Indemnified Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying Indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.
Appears in 1 contract
