Notice and Control of Action. A party seeking indemnification in respect of any actual or potential claim or demand shall notify the other party within ten (10) business days after it receives written document relating to such claim. The indemnifying party shall have no obligation to indemnify the other party to the extent such other party fails to give the notice within the specified period set forth in the preceding sentence and such failure materially prejudices the indemnifying party. The indemnifying party shall have the right, at its sole cost, expense, and liability, to appoint counsel of its choice and to litigate, defend, settle or otherwise attempt to resolve any such claim, provided that the indemnified party shall have the right to consent to any settlement, which consent will not be unreasonably withheld.
Appears in 3 contracts
Samples: Navitaire Hosted Services Agreement (Spirit Airlines, Inc.), Navitaire Hosted Services Agreement (Spirit Airlines, Inc.), Navitaire Hosted Services Agreement (Spirit Airlines, Inc.)
Notice and Control of Action. A The party seeking indemnification in respect of any actual or potential claim or demand shall notify the other party within ten (10) business days ***** after it receives written document documents relating to such claim. The indemnifying party shall have no obligation to indemnify the other party to the extent such other party fails to give the notice within the specified period set forth in the preceding sentence and such failure materially prejudices the indemnifying party. The indemnifying party shall have the right, at its sole cost, expense, and liability, to appoint counsel of its choice and to litigate, defend, settle or otherwise attempt to resolve any such claim, provided that the indemnified party shall have the right to consent to any settlement, which consent will not be unreasonably withheld.. Hosted Services Agreement
Appears in 2 contracts
Samples: Hosted Services Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.), Hosted Services Agreement (Controladora Vuela Compania De Aviacion, S.A.B. De C.V.)
Notice and Control of Action. A The party seeking indemnification in respect of any actual or potential claim or demand shall notify the other party within ten (10) business days after it receives written document documents relating to such claim. The indemnifying party shall have no obligation to indemnify the other party to the extent such other party fails to give the notice within the specified period set forth in the preceding sentence and such failure materially prejudices the indemnifying party. The indemnifying party shall have the right, at its sole cost, expense, and liability, to appoint counsel of its choice and to litigate, defend, settle or otherwise attempt to resolve any such claim, provided that the indemnified party shall have the right to consent to any settlement, which consent will not be unreasonably withheld.
Appears in 1 contract
Samples: Navitaire Hosted Services Agreement (Gol Intelligent Airlines Inc.)
