Common use of Indemnity 25 Clause in Contracts

Indemnity 25. 2.1 The Service Provider shall indemnify the Post Office against any claim which may be brought against the Post Office by any third party arising from or pursuant to the Agreement as a result of the Service Provider’s breach of any of the provisions of the Agreement, provided that the Post Office shall notify the Service Provider in writing within a reasonable time of the Post Office becoming aware of any such claim to enable the Service Provider to take steps to contest it and shall provide the Service Provider with such reasonable assistance as may be necessary to enable the Service Provider to defend the claim to the extent only that it is in a position to render such assistance. The Service Provider may, within five (5) days of receipt of written notice from the Post Office aforesaid, elect in writing to contest such a claim in the name of the Post Office and shall be entitled to control the proceedings in regard thereto. The Service Provider indemnifies the Post Office against all and any costs (including attorney and own client costs) which may be incurred by or awarded against the Post Office as a consequence of the Post Office’s and/or the Service Provider’s defense of the claim. 26 INSOLVENCY 26.1 Should the Service Provider seek to compromise with its creditors, or if execution is issued against the Service Provider by virtue of any judgment, or if the Service Provider is placed under judicial management, or commences to be wound up in a liquidation that is not merely a voluntary liquidation for the purpose of reconstruction, then the Post Office may, without prejudice to any of its rights in terms of the Agreement or common law, forthwith terminate the Agreement without notice to the Service Provider. 27 CONSORTIA/ JOINT VENTURES

Indemnity 25. 2.1 The Service Provider shall indemnify the Post Office Postbank against any claim which may be brought against the Post Office Postbank by any third party arising from or pursuant to the Agreement as a result of the Service Provider’s breach of any of the provisions of the Agreement, provided that the Post Office Postbank shall notify the Service Provider in writing within a reasonable time of the Post Office Postbank/ Postbank becoming aware of any such claim to enable the Service Provider to take steps to contest it and shall provide the Service Provider with such reasonable assistance as may be necessary to enable the Service Provider to defend the claim to the extent only that it is in a position to render such assistance. The Service Provider may, within five (5) days of receipt of written notice from the Post Office Postbank aforesaid, elect in writing to contest such a claim in the name of the Post Office Postbank and shall be entitled to control the proceedings in regard thereto. The Service Provider indemnifies the Post Office Postbank against all and any costs (including attorney and own client costs) which may be incurred by or awarded against the Post Office Postbank as a consequence of the Post OfficePostbank’s and/or the Service Provider’s defense of the claim. 26 INSOLVENCY 26.1 Should the Service Provider seek to compromise with its creditors, or if execution is issued against the Service Provider by virtue of any judgment, or if the Service Provider is placed under judicial management, or commences to be wound up in a liquidation that is not merely a voluntary liquidation for the purpose of reconstruction, then the Post Office Postbank may, without prejudice to any of its rights in terms of the Agreement or common law, forthwith terminate the Agreement without notice to the Service Provider. 27 CONSORTIA/ JOINT VENTURES

Indemnity 25. 2.1 The Service Provider shall indemnify the Post Office against any claim which may be brought against the Post Office by any third RFP18/19/87/Vat Contingency Review/BM party arising from or pursuant to the Agreement as a result of the Service Provider’s breach of any of the provisions of the Agreement, provided that the Post Office shall notify the Service Provider in writing within a reasonable time of the Post Office becoming aware of any such claim to enable the Service Provider to take steps to contest it and shall provide the Service Provider with such reasonable assistance as may be necessary to enable the Service Provider to defend the claim to the extent only that it is in a position to render such assistance. The Service Provider may, within five (5) days of receipt of written notice from the Post Office aforesaid, elect in writing to contest such a claim in the name of the Post Office and shall be entitled to control the proceedings in regard thereto. The Service Provider indemnifies the Post Office against all and any costs (including attorney and own client costs) which may be incurred by or awarded against the Post Office as a consequence of the Post Office’s and/or the Service Provider’s defense of the claim. 26 INSOLVENCY 26.1 Should the Service Provider seek to compromise with its creditors, or if execution is issued against the Service Provider by virtue of any judgment, or if the Service Provider is placed under judicial management, or commences to be wound up in a liquidation that is not merely a voluntary liquidation for the purpose of reconstruction, then the Post Office may, without prejudice to any of its rights in terms of the Agreement or common law, forthwith terminate the Agreement without notice to the Service Provider. 27 CONSORTIA/ JOINT VENTURES

Indemnity 25. 2.1 The Service Provider shall indemnify the Post Office SAPO against any claim which may be brought against the Post Office SAPO by any third party arising from or pursuant to the Agreement as a result of the Service Provider’s breach of any of the provisions of the Agreement, provided that the Post Office SAPO shall notify the Service Provider in writing within a reasonable time of the Post Office becoming aware of any such claim to enable the Service Provider to take steps to contest it and shall provide the Service Provider with such reasonable assistance as may be necessary to enable the Service Provider to defend the claim to the extent only that it is in a position to render such assistance. The Service Provider may, within five (5) days of receipt of written notice from the Post Office SAPO aforesaid, elect in writing to contest such a claim in the name of the Post Office SAPO and shall be entitled to control the proceedings in regard thereto. The Service Provider indemnifies the Post Office SAPO against all and any costs (including attorney and own client costs) which may be incurred by or awarded against the Post Office SAPO as a consequence of the Post OfficeSAPO’s and/or the Service Provider’s defense of the claim. 26 INSOLVENCY 26.1 Should the Service Provider seek to compromise with its creditors, or if execution is issued against the Service Provider by virtue of any judgment, or if the Service Provider is placed under judicial management, or commences to be wound up in a liquidation that is not merely a voluntary liquidation for the purpose of reconstruction, then the Post Office SAPO may, without prejudice to any of its rights in terms of the Agreement or common law, forthwith terminate the Agreement without notice to the Service Provider. 27 CONSORTIA/ JOINT VENTURES

Indemnity 25. 2.1 The Service Provider shall indemnify the Post Office against any claim which may be brought against the Post Office Postbank by any third party arising from or pursuant to the Agreement as a result of the Service Provider’s breach of any of the provisions of the Agreement, provided that the Post Office shall notify the Service Provider in writing within a reasonable time of the Post Office Postbank becoming aware of any such claim to enable the Service Provider to take steps to contest it and shall provide the Service Provider with such reasonable assistance as may be necessary to enable the Service Provider to defend the claim to the extent only that it is in a position to render such assistance. The Service Provider may, within five (5) days of receipt of written notice from the Post Office Postbank aforesaid, elect in writing to contest such a claim in the name of the Post Office Postbank and shall be entitled to control the proceedings in regard thereto. The Service Provider indemnifies the Post Office Postbank against all and any costs (including attorney and own client costs) which may be incurred by or awarded against the Post Office Postbank as a consequence of the Post OfficePostbank’s and/or the Service Provider’s defense of the claim. 26 INSOLVENCY 26.1 Should the Service Provider seek to compromise with its creditors, or if execution is issued against the Service Provider by virtue of any judgment, or if the Service Provider is placed under judicial management, or commences to be wound up in a liquidation that is not merely a voluntary liquidation for the purpose of reconstruction, then the Post Office Postbank may, without prejudice to any of its rights in terms of the Agreement or common law, forthwith terminate the Agreement without notice to the Service Provider. 27 CONSORTIA/ JOINT VENTURES