Common use of Not Obliged to Defend Clause in Contracts

Not Obliged to Defend. Without restricting the foregoing indemnity, if proceedings are taken by arbitration or in any court respecting the Escrow Shares, the Escrow Agent shall not be obliged to defend or otherwise participate in any such proceedings until it shall have such security as the Escrow Agent determines, in its sole discretion, to be adequate for its costs in such proceedings in addition to the indemnity set out above.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Lowell Farms Inc.), Asset Purchase Agreement

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Not Obliged to Defend. Without restricting the foregoing indemnity, if proceedings are taken by arbitration or in any court respecting the Escrow Escrowed Shares, the Escrow Agent shall will not be obliged to defend or otherwise participate in any such proceedings until it shall have has such security as the Escrow Agent determines, in its sole discretion, to be adequate for its costs in such proceedings in addition to the indemnity set out above.

Appears in 1 contract

Samples: Escrow Agreement (Nortel Networks Corp)

Not Obliged to Defend. Without restricting the foregoing indemnity, if proceedings are taken by arbitration or in any court respecting the Escrow Escrowed Shares, the Escrow Agent shall not be obliged to defend or otherwise participate in any such proceedings until it shall have such security as the Escrow Agent determines, in its sole discretion, to be adequate for its costs in such proceedings in addition to the indemnity set out above.

Appears in 1 contract

Samples: Assignment and Assumption Agreement

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Not Obliged to Defend. Without restricting the foregoing indemnity, if proceedings are taken by arbitration or in any court respecting the Escrow SharesSubscription Price, the Escrow Agent shall not be obliged to defend or otherwise participate in any such proceedings until it shall have such security as the Escrow Agent determines, in its sole discretion, to be adequate for its costs in such proceedings in addition to the indemnity set out above.

Appears in 1 contract

Samples: Escrow Agreement (IntelGenx Technologies Corp.)

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