Notice of Claim & Survival. In the event that Household or Merchants shall receive any claim or demand or be subject to any suit or proceeding of which a claim may be made against the other under this Section, the indemnified party shall give prompt written notice thereof to the indemnifying party and the indemnifying party will be entitled to participate in the settlement or defense thereof with counsel satisfactory to indemnified party at the indemnifying party's expense. In any case, the indemnifying party and the indemnified party shall cooperate (at no cost to the indemnified party) in the settlement or defense of any such claim, demand, suit, or proceeding. The terms of this SECTION shall survive the termination of this ------- Agreement.
Appears in 2 contracts
Samples: Merchant Agreement (Levitz Furniture Corp /Fl/), Merchant Agreement (Levitz Furniture Inc)
Notice of Claim & Survival. In the event that Household Company or Merchants Merchant shall receive any claim or demand or be subject to any suit or proceeding of which a claim may be made against the other under this Section, the indemnified party shall give prompt written notice thereof to the indemnifying party and the indemnifying party will be entitled to participate in the settlement or defense thereof with counsel satisfactory to indemnified party at the indemnifying party's ’s expense. In any case, the indemnifying party and the indemnified party shall cooperate (at no cost to the indemnified party) in the settlement or defense of any such claim, demand, suit, or proceeding. The terms of this SECTION Section 14 shall survive the termination of this ------- Agreement.
Appears in 1 contract
Notice of Claim & Survival. In the event that Household Company or Merchants Merchant shall receive any claim or demand or be subject to any suit or proceeding of which a claim may be made against the other under this SectionSection 12, the indemnified party shall give prompt written notice thereof to the indemnifying party and the indemnifying party will be entitled to participate in the settlement or defense thereof with counsel satisfactory to indemnified party at the indemnifying party's expense. In any case, the indemnifying party and the indemnified party shall cooperate (at no cost to the indemnified party) in the settlement or defense of any such claim, demand, suit, or proceeding. The terms of this SECTION Section 12 shall survive the termination of this ------- Agreement.
Appears in 1 contract
Samples: Merchant Agreement (Nautilus, Inc.)
Notice of Claim & Survival. In the event that Household or Merchants Merchant shall receive any claim or demand or be subject to any suit or proceeding of which a claim may be made against the other under this Section, the indemnified party shall give prompt written notice thereof to the indemnifying party and the indemnifying party will be entitled to participate in the settlement or defense thereof with counsel satisfactory to indemnified party at the indemnifying party's expense. In any case, the indemnifying party and the indemnified party shall cooperate (at no cost to the indemnified party) in the settlement or defense of any such claim, demand, suit, or proceeding. The terms of this SECTION Section 13 shall survive the termination of this ------- Interim Agreement.
Appears in 1 contract
Notice of Claim & Survival. In the event that Household or Merchants Merchant shall receive any claim or demand or be subject to any suit or proceeding of which a claim may be made against the other under this Section, the indemnified party shall give prompt written notice thereof to the indemnifying party and the indemnifying party will be entitled to participate in the settlement or defense thereof with counsel satisfactory to indemnified party at the indemnifying party's expense. In any case, the indemnifying party and the indemnified party shall cooperate (at no cost to the indemnified party) in the settlement or defense of any such claim, demand, suit, or proceeding. The terms of this SECTION Section 13 shall survive the termination of this ------- Agreement.
Appears in 1 contract