Common use of Indemnity Requirements Clause in Contracts

Indemnity Requirements. In connection with any claim for indemnity under this clause 8, the indemnified party must promptly provide the indemnifying party with notice of any claim that the indemnified party believes is within the scope of the obligation to indemnify, provided, however, that the failure to provide such notice shall not relieve the indemnifying party of its obligations under this clause 8, except to the extent that such failure materially prejudices the indemnifying party’s defence of such claim. The indemnified party may, at its own expense, assist in the defence if it so chooses, but the indemnifying party shall control the defence and all negotiations related to the settlement of any such claim. Any such settlement intended to bind either party shall not be final without the other party’s written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that End User’s consent shall not be required when AppDynamics is the indemnifying party if the settlement involves only the payment of money by AppDynamics.

Appears in 2 contracts

Samples: Licence Agreement, Licence Agreement

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Indemnity Requirements. In connection with The following are conditions to any claim for indemnity under this clause 8, the . The indemnified party must promptly provide the indemnifying party with notice of any claim that the indemnified party believes is within the scope of the obligation to indemnify, provided, however, that the failure to provide such notice shall not relieve the indemnifying party of its obligations under this clause 8, except to the extent that such failure materially prejudices the indemnifying party’s defence of such claim. The indemnified party may, at its own expense, assist in the defence if it so chooses, but the indemnifying party shall control the defence and all negotiations related to the settlement of any such claim. Any such settlement intended to bind either party shall not be final without the other party’s written consent, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, that End User’s consent shall not be required when AppDynamics is the indemnifying party if the settlement involves only the payment of money by AppDynamics.

Appears in 1 contract

Samples: Licence Agreement Terms

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Indemnity Requirements. In connection with The following are conditions to any claim for indemnity under this clause 8, the . The indemnified party must promptly provide the indemnifying party with notice of any claim that the indemnified party believes is within the scope of the obligation to indemnify, providedprovided that, however, that the failure to provide such notice shall not relieve the indemnifying party of its obligations under this clause 8, except to the extent that such failure materially prejudices the indemnifying party’s defence of such claim. The indemnified party may, at its own expense, assist in the defence if it so chooses, but the indemnifying party shall control the defence and all negotiations related to the settlement of any such claim. Any such settlement intended to bind either party shall not be final without the other party’s written consent, which consent shall not be unreasonably withheld, conditioned or delayed; providedprovided that, however, that End User’s consent shall not be required when AppDynamics is the indemnifying party if the settlement involves only the payment of money by AppDynamics.

Appears in 1 contract

Samples: User License Agreement

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