Indemnifying Party Election. If the indemnifying party elects and is entitled to compromise or defend such Claim it shall within thirty (30) days (or sooner, if the nature of the Claim so requires) notify the indemnified party of its intent to do so, and the indemnified party shall, at the expense of the indemnifying party, cooperate in the defense of such Claim. In such case, the indemnified party shall have the right to participate in the defense of any Claim with counsel selected by it. Except as provided in this Article, the fees and disbursements of such counsel shall be at the expense of the indemnified party.
Appears in 2 contracts
Samples: Prepaid Card Program Manager Agreement (Marqeta, Inc.), Prepaid Card Program Manager Agreement (Marqeta, Inc.)
Indemnifying Party Election. If the indemnifying party elects and is entitled to compromise or defend such Claim it shall within thirty (30) days (or sooner, if the nature of the Claim so requires) notify the indemnified party of its intent to do so, and the indemnified party shall, at the expense of the indemnifying party, cooperate in the defense of such Claim. In such case, the indemnified party shall have the right to participate in the defense of any Claim with counsel selected by it. Except as provided in this ArticleSection XIV, the fees and disbursements of such counsel shall be at the expense of the indemnified party.
Appears in 1 contract
Samples: Prepaid Card Marketing and Technology Development Agreement (Cachet Financial Solutions, Inc.)
Indemnifying Party Election. If the indemnifying party Indemnifying Party elects and is entitled to compromise or defend such Claim Claim, it shall within thirty (30) days (or sooner, if the nature of the Claim so requires) notify the indemnified party Indemnified Party of its intent to do so, and the indemnified party Indemnified Party shall, at the expense of the indemnifying partyIndemnifying Party, reasonably cooperate in the defense of such Claim. In such case, the indemnified party Indemnified Party shall have the right to participate in the defense of any Claim with counsel selected by it. Except as provided in this ArticleSection 13.4, the fees and disbursements of such counsel shall be at the expense of the indemnified partyIndemnified Party.
Appears in 1 contract
Samples: Private Label Credit Card Program Agreement (Bon Ton Stores Inc)
