Common use of Notice of Non-Third Party Claims Clause in Contracts

Notice of Non-Third Party Claims. Any Indemnified Party seeking indemnification for any Loss or potential Loss arising from a claim asserted by any party to this Agreement against the Indemnified Party (a "Non-Third Party Claim"), including any claim by an Indemnified Party for indemnification pursuant to Section 9.3 of this Agreement, shall give written notice to the Indemnifying Party. Written notice to the Indemnifying Party of the existence of a Non-Third Party Claim shall be given by the Indemnified Party promptly after discovery of the potential claim; provided, however, that the Indemnified Party shall not be foreclosed from seeking indemnification pursuant to this Article IX by any failure to provide timely notice of the existence of a Non-Third Party Claim to the Indemnifying Party except and only to the extent that the Indemnifying Party actually incurs an incremental out-of-pocket expense or otherwise has been materially damaged or prejudiced as a result of such delay.

Notice of Non-Third Party Claims. Any Indemnified Party seeking indemnification for any Loss or potential Loss arising from a claim asserted by any party to this Agreement against the Indemnified Indemnifying Party (a "Non-Third Party Claim"), including any claim by an Indemnified Party for indemnification pursuant to Section 9.3 of this Agreement, ) shall give written notice to the Indemnifying PartyParty specifying in detail the source of the Loss or potential Loss under Section 9.1 or 9.2, as the case may be. Written notice to the Indemnifying Party of the existence of a Non-Third Party Claim shall be given by the Indemnified Party promptly after discovery the Indemnified Party becomes aware of the potential claim; provided, however, that the Indemnified Party shall not be foreclosed from seeking indemnification pursuant to this Article IX by any failure to provide timely such prompt notice of the existence of a Non-Third Party Claim to the Indemnifying Party except and only to the extent that the Indemnifying Party actually incurs an incremental out-of-pocket expense or otherwise has been materially damaged or prejudiced as a result of such delaysuch.

Notice of Non-Third Party Claims. Any Indemnified Party seeking --------------------------------- indemnification for any Loss or potential Loss arising from a claim asserted by any party to this Agreement against the Indemnified Indemnifying Party (a "Non-Third Party Claim"), including any claim by an Indemnified Party for indemnification pursuant to Section 9.3 of this Agreement, ) shall give written notice to the Indemnifying PartyParty specifying in reasonable detail the source of the Loss or potential Loss under Section 8.2 or 8.3, as the case may be. Written notice to the Indemnifying Party of the existence of a Non-Third Party Claim shall be given by the Indemnified Party promptly after discovery the Indemnified Party becomes aware of the potential claim; provided, however, that the Indemnified Party -------- ------- shall not be foreclosed from seeking indemnification pursuant to this Article IX VIII by any failure to provide timely such prompt notice of the existence of a Non-Third Party Claim to the Indemnifying Party except and only to the extent that the Indemnifying Party actually incurs an incremental out-of-pocket expense or otherwise has been materially damaged or prejudiced as a result of such delaysuch.

Notice of Non-Third Party Claims. Any Indemnified Party seeking indemnification for any Loss or potential Loss arising from a claim asserted by any party to this Agreement against the Indemnified Party or, if the Indemnified Party is a Person specified in Section 7.1, against the Legend Companies or any of their Affiliates or asserted by the Indemnified Party (a "Non-Third Party Claim"), including any claim by an Indemnified Party for indemnification pursuant to Section 9.3 of this Agreement, ) shall give written notice to the Indemnifying Party. Written notice to the Indemnifying Party of the existence of a Non-Third Party Claim shall be given by the Indemnified Party promptly after discovery of the potential claim; provided, however, that the Indemnified Party shall not be foreclosed from seeking indemnification pursuant to this Article IX VII by any failure to provide timely notice of the existence of a Non-Third Party Claim to the Indemnifying Party except and only to the extent that the Indemnifying Party actually incurs an incremental out-of-pocket expense or otherwise has been materially damaged or prejudiced as a result of such delay.

Notice of Non-Third Party Claims. Any Indemnified Party seeking -------------------------------- indemnification for any Loss or potential Loss arising from a claim asserted by any party to this Agreement against the Indemnified Indemnifying Party (a "Non-Third Party Claim"), including any claim by an Indemnified Party for indemnification pursuant to Section 9.3 of this Agreement, ) shall give written notice to the Indemnifying PartyParty specifying in detail the source of the Loss or potential Loss under Section 7.02 or Section 7.03, as ------------ ------------ the case may be. Written notice to the Indemnifying Party of the existence of a Non-Third Party Claim shall be given by the Indemnified Party promptly after discovery the Indemnified Party becomes aware of the potential claim; provided, however, that -------- ------- the Indemnified Party shall not be foreclosed from seeking indemnification pursuant to this Article IX VII by any failure to provide timely such prompt notice of the ----------- existence of a Non-Third Party Claim to the Indemnifying Party except and only to the extent that the Indemnifying Party actually incurs an incremental out-of-of- pocket expense or otherwise has been materially damaged or prejudiced as a result of such delaysuch.

Notice of Non-Third Party Claims. Any Indemnified Party seeking indemnification for any Loss or potential Loss arising from a claim asserted by any party to this Agreement against the Indemnified Party (a "Non-Third Party Claim"), including any claim by an Indemnified Party for indemnification pursuant to Section 9.3 of this Agreement10.3, shall give written notice to the Indemnifying Party. Written notice to the Indemnifying Party of the existence of a Non-Third Party Claim shall be given by the Indemnified Party promptly after discovery of the potential claim; providedPROVIDED, howeverHOWEVER, that the Indemnified Party shall not be foreclosed from seeking indemnification pursuant to this Article IX X by any failure to provide timely notice of the existence of a Non-Third Party Claim to the Indemnifying Party except and only to the extent that the Indemnifying Party actually incurs an incremental out-of-pocket expense or otherwise has been materially damaged or prejudiced as a result of such delay.

Notice of Non-Third Party Claims. Any Indemnified Party -------------------------------- seeking indemnification for any Loss or potential Loss arising from a claim asserted by any party to this Agreement against the Indemnified Party (a "Non-Non- Third Party Claim"), including any claim by an Indemnified Party for indemnification pursuant to Section 9.3 of this Agreement10.3, shall give written notice to the Indemnifying Party. Written notice to the Indemnifying Party of the existence of a Non-Third Party Claim shall be given by the Indemnified Party promptly after discovery of the potential claim; provided, however, that the Indemnified -------- ------- Party shall not be foreclosed from seeking indemnification pursuant to this Article IX X by any failure to provide timely notice of the existence of a Non-Non- Third Party Claim to the Indemnifying Party except and only to the extent that the Indemnifying Party actually incurs an incremental out-of-pocket expense or otherwise has been materially damaged or prejudiced as a result of such delay.

Notice of Non-Third Party Claims. Any Indemnified Indemni- fied Party seeking indemnification for any Loss or potential Loss arising from a claim asserted by any party to this Agreement Agree- ment against the Indemnified Indemnifying Party (a "Non-Third Party Claim"), including any claim by an Indemnified Party for indemnification pursuant to Section 9.3 of this Agreement, ) shall give prompt written notice to the Indemnifying PartyParty specifying in detail the source of the Loss or potential Loss under Section 6.2 or 6.3, as the case may be. Written notice to the Indemnifying Party of the existence of a Non-Third Party Claim shall be given by the Indemnified Party promptly after discovery the Indemnified Party becomes aware of the potential claim; provided, however, that the Indemnified Party shall not be foreclosed from seeking indemnification pursuant to this Article IX Arti- cle VI by any failure to provide timely such prompt notice of the existence ex- istence of a Non-Third Party Claim to the Indemnifying Party except and only to the extent that the Indemnifying Party actually actu- ally incurs an incremental out-of-pocket expense or otherwise has been materially damaged or prejudiced as a result of such delaysuch.

Notice of Non-Third Party Claims. Any Indemnified Party seeking indemnification for any Loss or potential Loss arising from a claim asserted by any party to this Agreement against the Indemnified Indemnifying Party (a "Non-Third Party Claim"), including any claim by an Indemnified Party for indemnification pursuant to Section 9.3 of this Agreement, ) shall give prompt written notice to the Indemnifying PartyParty specifying in detail the source of the Loss or potential Loss under Section 6.2 or 6.3, as the case may be. Written notice to the Indemnifying Party of the existence of a Non-Third Party Claim shall be given by the Indemnified Party promptly after discovery the Indemnified Party becomes aware of the potential claim; provided, however, that the Indemnified Party shall not be foreclosed from seeking indemnification pursuant to this Article IX VI by any failure to provide timely such prompt notice of the existence of a Non-Third Party Claim to the Indemnifying Party except and only to the extent that the Indemnifying Party actually incurs an incremental out-of-pocket expense or otherwise has been materially damaged or prejudiced as a result of such delaysuch.

Notice of Non-Third Party Claims. Any Indemnified Party seeking indemnification for any Loss or potential Loss arising from a claim asserted by any party to this Agreement against the Indemnified Indemnifying Party (a "Non-Third Party Claim"), including any claim by an Indemnified Party for indemnification pursuant to Section 9.3 of this Agreement, ) shall give written notice to the Indemnifying PartyParty specifying in detail the source of the Loss or potential Loss under Section 5.3(b) or Section 5.3(c), as the case may be. Written notice to the Indemnifying Party of the existence of a Non-Third Party Claim shall be given by the Indemnified Party promptly after discovery the Indemnified Party becomes aware of the potential claim; provided, however, that the Indemnified Party shall not be foreclosed from seeking indemnification pursuant to this Article IX Section 5.3 by any failure to provide timely such prompt notice of the existence of a Non-Third Party Claim to the Indemnifying Party except and only to the extent that the Indemnifying Party actually incurs an incremental out-of-pocket expense or otherwise has been materially damaged or prejudiced as a result of such delaysuch.