Common use of Litigation & Additional Terms Clause in Contracts

Litigation & Additional Terms. The obligations of the indemnifying party pursuant to this Article 11 (Indemnification) include retention and payment of attorneys and payment of costs and expenses, as well as settlement at the indemnifying party’s expense. The indemnified party or Indemnified Associate(s) must provide the indemnifying party prompt notice of the Claim and agree to reasonably to cooperate and provide assistance (at indemnifying party’s sole expense) in the defense; provided that failure by the indemnified party to provide prompt notice will relieve the indemnifying party of its obligations only to the extent that the indemnifying party was actually and materially prejudiced by such failure. The indemnifying party will control the defense of any Claim, including appeals, negotiations, and any settlement or compromise thereof; provided that the indemnified party and Indemnified Associates will have the right to reject any settlement or compromise that requires that it or they admit wrongdoing or liability or that subjects it or them to any ongoing affirmative obligations. Entrust Datacard, Customer, and/or their respective Indemnified Associates may participate in the defense of any Claim for which they are indemnified under this Article 11 (Indemnification) at their sole expense.

Litigation & Additional Terms. The obligations of the indemnifying party pursuant to this Article 11 10 (Indemnification) include retention and payment of attorneys and payment of costs and expenses, as well as settlement at the indemnifying party’s expense. The indemnified party or Indemnified Associate(s) must provide the indemnifying party prompt notice of the Claim and agree to reasonably to cooperate and provide assistance (at indemnifying party’s sole expense) in the defense; provided that failure by the indemnified party to provide prompt notice will relieve the indemnifying party of its obligations only to the extent that the indemnifying party was actually and materially prejudiced by such failure. The indemnifying party will control the defense of any Claim, including appeals, negotiations, and any settlement or compromise thereof; provided that the indemnified party and Indemnified Associates will have the right to reject any settlement or compromise that requires that it or they admit wrongdoing or liability or that subjects it or them to any ongoing affirmative obligations. Entrust DatacardEntrust, CustomerMSP, Sub-MSP, Tenant, and/or their respective Indemnified Associates may participate in the defense of any Claim for which they are indemnified under this Article 11 10 (Indemnification) at their sole expense.

Litigation & Additional Terms. The obligations of the indemnifying party pursuant to this Article 11 (Indemnification) include retention and payment of attorneys and payment of costs and expenses, as well as settlement at the indemnifying party’s expense. The indemnified party or Indemnified Associate(s) must provide the indemnifying party prompt notice of the Claim and agree to reasonably to cooperate and provide assistance (at indemnifying party’s sole expense) in the defense; provided that failure by the indemnified party to provide prompt notice will relieve the indemnifying party of its obligations only to the extent that the indemnifying party was actually and materially prejudiced by such failure. The indemnifying party will control the defense of any Claim, including appeals, negotiations, and any settlement or compromise thereof; provided that the indemnified party and Indemnified Associates will have the right to reject any settlement or compromise that requires that it or they admit wrongdoing or liability or that subjects it or them to any ongoing affirmative obligations. Entrust DatacardEntrust, Customer, and/or their respective Indemnified Associates may participate in the defense of any Claim for which they are indemnified under this Article 11 (Indemnification) at their sole expense.

Litigation & Additional Terms. The obligations of the indemnifying party pursuant to this Article 11 10 (Indemnification) include retention and payment of attorneys and payment of costs and expenses, as well as settlement at the indemnifying party’s expense. The indemnified party or Indemnified Associate(s) must provide the indemnifying party prompt notice of the Claim and agree to reasonably to cooperate and provide assistance (at indemnifying party’s sole expense) in the defense; provided that failure by the indemnified party to provide prompt notice will relieve the indemnifying party of its obligations only to the extent that the indemnifying party was actually and materially prejudiced by such failure. The indemnifying party will control the defense of any Claim, including appeals, negotiations, and any settlement or compromise thereof; provided that the indemnified party and Indemnified Associates will have the right to reject any settlement or compromise that requires that it or they admit wrongdoing or liability or that subjects it or them to any ongoing affirmative obligations. Entrust DatacardEntrust, Customer, and/or their respective Indemnified Associates may participate in the defense of any Claim for which they are indemnified under this Article 11 10 (Indemnification) at their sole expense.