Common use of Notice by Each Party Clause in Contracts

Notice by Each Party. Indemnitee shall promptly notify the Indemnitors in writing upon being served with any summons, citation, subpoena, complaint, indictment, information or other document or communication relating to any claim which Indemnitee may be entitled to indemnification or advancement of expenses hereunder; provided, however, that any failure of Indemnitee to so notify the Indemnitors shall not adversely affect Indemnitee’s rights under this Agreement except to the extent the Company shall have been materially prejudiced as a direct result of such failure.

Notice by Each Party. Indemnitee shall promptly notify the Indemnitors in writing upon being served with any summons, citation, subpoena, complaint, indictment, information or other document or communication relating to any claim which Indemnitee may be entitled to indemnification or advancement of expenses hereunder; provided, however, that any failure of Indemnitee to so notify the Indemnitors Indmenitors shall not adversely affect Indemnitee’s rights under this Agreement except to the extent the Company shall have been materially prejudiced as a direct result of such failure.