Common use of Late Delivery of Claim Notice Clause in Contracts

Late Delivery of Claim Notice. If, in the case of a Third Party Claim, a Claim Notice is not given by the Indemnitee within the Notice Period, the Indemnitee shall nevertheless be entitled to be fully indemnified under this Article VIII except to the extent that the Indemnitor can establish that the Indemnitor has been materially and adversely prejudiced by such time elapsed.

Appears in 4 contracts

Samples: Purchase and Sale Agreement (Laidlaw Energy Group, Inc.), Purchase and Sale Agreement (Laidlaw Energy Group, Inc.), Purchase and Sale Agreement (Laidlaw Energy Group, Inc.)

AutoNDA by SimpleDocs

Late Delivery of Claim Notice. If, in the case of a Third Third-Party Claim, a Claim Notice is not given by promptly to the Indemnitee within the Notice PeriodIndemnitor, the Indemnitee shall nevertheless be entitled to be fully indemnified under this Article VIII 7 except to the extent that (but only to the Indemnitor can establish extent) that the Indemnitor has been materially and adversely actually prejudiced by such time elapsed.

Appears in 1 contract

Samples: Agreement and Plan of Merger (PrimeWood, Inc.)

Late Delivery of Claim Notice. If, in the case of a Third Party Claim, a Claim Notice is not given by the Indemnitee within the Notice PeriodPeriod as set forth in Section 7.5(a), the Indemnitee shall nevertheless be entitled to be fully indemnified under this Article VIII except to the extent that the Indemnitor can establish that the Indemnitor has been materially and adversely prejudiced by such time elapsed.VII:

Appears in 1 contract

Samples: Stock Purchase Agreement (Mapco Inc)

Late Delivery of Claim Notice. If, in the case of a Third Third-Party Claim, a Claim Notice is not given by the Indemnitee within the Notice Period, the Indemnitee shall nevertheless be entitled to be fully indemnified under this Article VIII 8 except to the extent that the Indemnitor can establish that the Indemnitor it has been materially and adversely prejudiced by such time elapsed, so long as such Claim Notice is delivered within the applicable time period provided in Section 8.7(a).

Appears in 1 contract

Samples: Contribution Agreement (Gryphon Gold Corp)

Late Delivery of Claim Notice. If, in the case of a Third Third-Party Claim, a Claim Notice is not given by to the Indemnitee Indemnitor within the Notice Period, the Indemnitee shall nevertheless be entitled to be fully indemnified under this Article VIII except X (i) if the Indemnitee can establish that the time elapsed between the end of the Notice Period and the giving of the Claim Notice is reasonable in all the circumstances; or (ii) to the extent (but only to the extent) that the Indemnitor Indemnitee can establish that the Indemnitor has not been materially and adversely prejudiced by such time elapsed.

Appears in 1 contract

Samples: Amended Agreement and Plan of Merger (3m Co)

AutoNDA by SimpleDocs

Late Delivery of Claim Notice. If, in the case of a Third Third-Party Claim, a Claim Notice is not given by promptly to the Indemnitee within the Notice PeriodIndemnitor, the Indemnitee shall nevertheless be entitled to be fully indemnified under this Article VIII X except to the extent that (but only to the Indemnitor can establish extent) that the Indemnitor has been materially and adversely actually prejudiced by such time elapsed.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Sleepmaster LLC)

Late Delivery of Claim Notice. If, in the case of a Third Party ----------------------------- Claim, a Claim Notice is not given by the Indemnitee within the Notice Period, the Indemnitee shall nevertheless be entitled to be fully indemnified under this Article VIII except to the extent that the Indemnitor can establish that the Indemnitor it has been materially and adversely prejudiced by such time elapsed.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Cyprus Amax Minerals Co)

Late Delivery of Claim Notice. If, in the case of a Third ----------------------------- Party Claim, a Claim Notice is not given by the Indemnitee within the Notice Period, the Indemnitee shall nevertheless be entitled to be fully indemnified under this Article VIII except to the extent that the Indemnitor can establish that the Indemnitor it has been materially and adversely prejudiced by such time elapsed.

Appears in 1 contract

Samples: Stock Purchase and Sale Agreement (Princess Beverly Coal Holding Co Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.