Notice of Potential Liability. Promptly after receipt by an indemnified Party hereunder of notice of any demand, claim or circumstances which, with or without the lapse of time, would give rise to the commencement (or threatened commencement) of any action, proceeding or investigation that may result in an indemnified liability, the indemnified Party shall give notice of the potential liability to the indemnifying Party. The notice shall (i) describe the potential liability in reasonable detail, (ii) indicate the amount (estimated, if necessary) of the loss that has been or may be suffered by the indemnified Party and (iii) include a statement as to the basis for the indemnification sought. Failure to provide notice in a timely manner shall not be deemed a waiver of the indemnified Party’s right to indemnification other than to the extent that such failure prejudices the defense of the action, proceeding or investigation by the indemnifying Party.
Appears in 4 contracts
Samples: Indemnification & Liability, Indemnity Reinsurance Agreement, Indemnity Reinsurance Agreement (CNO Financial Group, Inc.)
Notice of Potential Liability. Promptly after receipt by an indemnified Party party hereunder of notice of any demand, claim or circumstances which, with or without the lapse of time, would give rise to a claim or the commencement (or threatened commencement) of any action, proceeding or investigation that may result in an indemnified liability, the indemnified Party party shall give notice of the potential liability to the indemnifying Partyparty. The notice shall (ia) describe the potential liability in reasonable detail, (iib) indicate the amount (estimated, if necessary) of the loss that has been or may be suffered by the indemnified Party party and (iiic) include a statement as to the basis for the indemnification sought. Failure to provide notice in a timely manner shall not be deemed a waiver of the indemnified Partyparty’s right to indemnification other than except to the extent that such failure prejudices the defense of the action, proceeding or investigation claim by the indemnifying Partyparty.
Appears in 2 contracts
Samples: Reinsurance Agreement (Protective Variable Life Separate Account), Reinsurance Agreement (Protective Variable Life Separate Account)
Notice of Potential Liability. Promptly after receipt by an indemnified Party party hereunder of notice of any demand, claim or circumstances which, with or without the lapse of time, would give rise to a claim or the commencement (or threatened commencement) of any action, proceeding or investigation that may result in an indemnified liability, the indemnified Party party shall give notice of the potential liability to the indemnifying Partyparty. The notice shall (ia) describe the potential liability in reasonable detail, (iib) indicate the amount (estimated, if necessary) of the loss that has been or may be suffered by the indemnified Party party and (iiic) include a statement as to the basis for the indemnification sought. Failure to provide notice in a timely manner shall not be deemed a waiver of the indemnified Party’s party's right to indemnification other than except to the extent that such failure prejudices the defense of the action, proceeding or investigation claim by the indemnifying Partyparty.
Appears in 1 contract
Samples: Yearly Renewable Term Reinsurance Agreement (Protective Variable Life Separate Account)
Notice of Potential Liability. Promptly after receipt by an indemnified Party party hereunder of notice of any demand, claim or circumstances which, with or without the lapse of time, would give rise to a claim or the commencement (or threatened commencement) of any action, proceeding or investigation that may result in an indemnified liability, the indemnified Party party shall give notice of the potential liability to the indemnifying Partyparty. The notice shall (i) describe the potential liability in reasonable detail, (ii) indicate the amount (estimated, if necessary) of the loss that has been or may be suffered by the indemnified Party party and (iii) include a statement as to the basis for the indemnification sought. Failure to provide notice in a timely manner shall not be deemed a waiver of the indemnified Partyparty’s right to indemnification other than to the extent that such failure prejudices the defense of the action, proceeding or investigation claim by the indemnifying Partyparty.
Appears in 1 contract
Samples: Reinsurance Agreement (Protective Acquired Variable Annuity Separate Account)