Common use of Notice of Loss; Third Party Claims Clause in Contracts

Notice of Loss; Third Party Claims. (a) Other than with respect to any Third Party Claim (as defined below) that is provided for in Section 9.4(b) hereof, an Indemnified Party shall give the Indemnifying Party notice of any matter that an Indemnified Party has determined has given rise to a right of indemnification under this Article IX, within thirty (30) days of such determination, provided, that the failure to provide such notice shall not release the Indemnifying Party from any of its obligations under this Article IX except to the extent that the Indemnifying Party is materially prejudiced by such failure.

Appears in 2 contracts

Samples: Share Purchase Agreement (Kongzhong Corp), Share Purchase Agreement (Right Advance Management Ltd.)

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Notice of Loss; Third Party Claims. (a) Other than with respect to any Third Party Claim (as defined below) that is provided for in Section 9.4(b) hereof, an An Indemnified Party shall will give the Indemnifying Party notice of any matter that other than a Third Party Claim which an Indemnified Party has determined has given or could give rise to a right of indemnification under this Article IX, Agreement within thirty (30) 60 days of such determination, stating the amount of the Loss, if known, and method of computation thereof, and containing a reference to the provisions of this Agreement in respect of which such right of indemnification is claimed or arises; provided, that the failure to provide such notice shall will not release the Indemnifying Party from any of its obligations under this Article IX X except to the extent that the Indemnifying Party is materially actually prejudiced by such failure.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Boston Scientific Corp)

Notice of Loss; Third Party Claims. (a) Other than with respect to any Third Party Claim (as defined below) that is provided for in Section 9.4(b) hereof, an An Indemnified Party shall give the Indemnifying Party notice of any matter that which an Indemnified Party has determined has given or could give rise to a right of indemnification under this Article IXAgreement, within thirty sixty (3060) days of such determination, stating the amount of the Loss, if known, and method of computation thereof, and containing a reference to the provisions of this Agreement in respect of which such right of indemnification is claimed or arises; provided, however, that the failure to provide such notice shall not release the Indemnifying Party from any of its obligations under this Article IX VIII except to the extent that the Indemnifying Party is materially prejudiced by such failure.

Appears in 1 contract

Samples: Escrow Agreement (Virtual Radiologic CORP)

Notice of Loss; Third Party Claims. (a) Other than with respect to any Third Party Claim (as defined below) that is provided for in Section 9.4(b) hereof9.5(b), an Indemnified Party shall give the Indemnifying Party notice of any matter that an Indemnified Party has determined has given rise to a right of indemnification under this Article IX, within thirty forty-five (3045) days of such determination; provided, providedhowever, that the failure to provide such notice shall not release the Indemnifying Party from any of its obligations under this Article IX except to the extent that the Indemnifying Party is materially prejudiced by such failure.

Appears in 1 contract

Samples: Stock Purchase Agreement (H&r Block Inc)

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Notice of Loss; Third Party Claims. (a) Other than with respect to any Third Party Claim (as defined below) that is provided for in Section 9.4(b) hereof, an An Indemnified Party shall give the Indemnifying Party notice of any matter that other than a Third Party Claim which an Indemnified Party has determined has given or could give rise to a right of indemnification under this Article IXAgreement, within thirty (30) 60 days of such determination, stating the amount of the Loss, if known, and method of computation thereof, and containing a reference to the provisions of this Agreement in respect of which such right of indemnification is claimed or arises; provided, however, that the failure to provide such notice shall not release the Indemnifying Party from any of its obligations under this Article IX VII except to the extent that the Indemnifying Party is materially prejudiced by such failure.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Boston Scientific Corp)

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