Common use of Notice by Indemnitee Clause in Contracts

Notice by Indemnitee. Promptly after receipt by the Indemnitee of notice of the commencement of or the threat of commencement of any Proceeding, the Indemnitee shall, if the Indemnitee believes that indemnification with respect thereto may be sought from the Company under this Agreement, notify the Company in writing of the commencement or threat of commencement thereof.

Appears in 32 contracts

Samples: Indemnity Agreement (Adomani, Inc.), Form of Indemnification Agreement (Daegis Inc.), Indemnity Agreement (Active Network Inc)

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Notice by Indemnitee. Promptly after receipt by the Indemnitee of notice of the commencement of or the threat of commencement of any Proceedingproceeding, the Indemnitee shall, if the Indemnitee believes that indemnification with respect thereto may be sought from the Company under this Agreement, notify the Company in writing of the commencement or threat of commencement thereof.

Appears in 21 contracts

Samples: Separation Agreement and Release (Ocz Technology Group Inc), Indemnity Agreement (New Frontier Media Inc), Indemnity Agreement (Regal Entertainment Group)

Notice by Indemnitee. Promptly after receipt by the Indemnitee of notice of the commencement of or the threat of commencement of any Proceeding, the Indemnitee shall, if the Indemnitee believes that indemnification with respect thereto may be sought from the Company under this Agreement, notify the Company in writing of the commencement or threat of commencement thereof.

Appears in 18 contracts

Samples: Indemnification Agreement, Form of Indemnification Agreement (Pan American Goldfields LTD), Form of Indemnification Agreement (Axiom Oil & Gas Corp.)

Notice by Indemnitee. Promptly after receipt by the Indemnitee of notice of the commencement of or the threat of commencement of any Proceeding, the Indemnitee shall, if the Indemnitee believes that indemnification with respect thereto may be sought from the Company under this Agreement, notify the Company in writing of the commencement or threat of commencement thereof; provided, however, that the failure of the Indemnitee to provide such notice will not relieve the Company of its liability hereunder if the Company receives notice of such Proceeding from any other source.

Appears in 5 contracts

Samples: Limited Partnership Agreement (Premier, Inc.), Indemnification Agreement (Premier, Inc.), Form of Indemnification Agreement (Premier, Inc.)

Notice by Indemnitee. Promptly after receipt by the Indemnitee of notice of the commencement of or the threat of commencement of any Proceeding, the Indemnitee shall, if the Indemnitee believes that indemnification with respect thereto may be sought from the Company under this Agreement, notify the Company in writing of the commencement or threat of commencement thereof; provided, however, that failure of the Indemnitee to provide such notice will not relieve the Company of its liability hereunder if the Company receives notice of such Proceeding from any other source.

Appears in 3 contracts

Samples: Indemnity Agreement (NV5 Holdings, Inc.), Indemnity Agreement (Teavana Holdings Inc), Indemnity Agreement (Myriant Corp)

Notice by Indemnitee. Promptly after receipt by the Indemnitee of notice of the commencement of or the threat of commencement of any Proceeding, the Indemnitee shall, if the Indemnitee believes that indemnification with respect thereto may be sought from the Company under this Agreement, notify provide written notice to the Company in writing of the commencement or threat of commencement thereof; provided that the failure to give such notice shall not impair Indemnitee's rights under this Agreement.

Appears in 2 contracts

Samples: Indemnity Agreement (Coinmach Service Corp), Indemnity Agreement (Appliance Warehouse of America Inc)

Notice by Indemnitee. Promptly after receipt by the Indemnitee of notice of the commencement of or the threat of commencement of any Proceedingproceeding, the Indemnitee shall, if the Indemnitee believes that indemnification with respect thereto may be sought from the Company under this Agreement, notify the Company in writing of the commencement or threat of commencement thereof; provided that the failure to give such notice shall not impair Indemnitee's rights under this Agreement.

Appears in 2 contracts

Samples: Indemnity Agreement (Apropos Technology Inc), Indemnity Agreement (Young Innovations Inc)

Notice by Indemnitee. Promptly after receipt by the Indemnitee of notice of the commencement of or the threat of commencement of any Proceeding, the Indemnitee shall, if the Indemnitee believes that indemnification with respect thereto may be sought from the Company under this Agreement, notify provide written notice to the Company in writing of the commencement or threat of commencement thereof; provided that the failure to give such notice shall not impair Indemnitee’s rights under this Agreement.

Appears in 2 contracts

Samples: Indemnity Agreement (Coinmach Service Corp), Indemnity Agreement (Coinmach Service Corp)

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Notice by Indemnitee. Promptly after receipt by the Indemnitee of notice of the commencement of or the threat of commencement of any Qualifying Proceeding, the Indemnitee shall, if the Indemnitee believes that indemnification with respect thereto may be sought from the Company under this Agreement, notify the Company in writing of the commencement or threat of commencement thereofcommencement.

Appears in 1 contract

Samples: Director Indemnification Agreement (Bone Biologics, Corp.)

Notice by Indemnitee. Promptly after receipt by the Indemnitee of notice of the commencement of or the threat of commencement of any Proceeding, the Indemnitee shall, if the Indemnitee believes that indemnification with respect thereto may be sought from the Company under this Agreement, notify the Company in writing of the commencement or threat of commencement thereof. Failure to provide such notice shall not abrogate Indemnitee’s rights unless and to the extent that Company is actually prejudiced.

Appears in 1 contract

Samples: Indemnification Agreement (Netlist Inc)

Notice by Indemnitee. Promptly after receipt by the Indemnitee of notice of the commencement of of, or the threat of commencement of of, any Proceeding, the Indemnitee shall, if the Indemnitee believes that indemnification with respect thereto may be sought from the Company under this Agreement, notify the Company in writing of the commencement or threat of commencement thereof.

Appears in 1 contract

Samples: Indemnity Agreement (Lion Inc/Wa)

Notice by Indemnitee. Promptly after receipt by the Indemnitee of notice of the commencement of or the threat of commencement of any Proceedingproceeding, the Indemnitee shall, if the Indemnitee believes that indemnification with respect thereto may be sought from the Company under this Agreement, notify the Company in writing of the commencement or threat of commencement thereof; provided that the failure to give such notice shall not impair Indemnitee’s rights under this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Young Innovations Inc)

Notice by Indemnitee. Promptly after receipt by the Indemnitee -------------------- of notice of the commencement of or the threat of commencement of any Proceedingproceeding, the Indemnitee shall, if the Indemnitee believes that indemnification with respect thereto may be sought from the Company under this Agreement, notify the Company in writing of the commencement or threat of commencement thereof; provided that the failure to give such notice shall not impair Indemnitee's rights under this Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Apropos Technology Inc)

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