Common use of Notice of Indemnifiable Claim Clause in Contracts

Notice of Indemnifiable Claim. For each Claim giving rise to a right to indemnification under this section INDEMNIFICATION (Section 12.1 et seq.) (an “Indemnifiable Claim”), the Party entitled to such indemnification (the “Indemnitee”) shall provide the Party required to provide such indemnification (the “Indemnitor”) with written notice of the Indemnifiable Claim (a “Claim Notice”) within thirty (30) calendar days of the Indemnitee actually learning of the Indemnifiable Claim. Notwithstanding the foregoing, the failure by the Indemnitee to provide timely notice of any Indemnifiable Claim shall not excuse the Indemnitor’s indemnification obligations under this section INDEMNIFICATION (Section 12.1 et seq.), unless (and only to the extent) the Indemnitor is able to establish in a court of competent jurisdiction that it was actually prejudiced by such failure.