Common use of Notice of Proceedings; Defense of Claims; Limitations Clause in Contracts

Notice of Proceedings; Defense of Claims; Limitations. (a) If any action, suit, or proceeding for which Lessee is responsible under this ss. 9.1 is brought against any Indemnitee, such Indemnitee shall notify Lessee of the commencement thereof, and Lessee may, at its expense, participate in and, to the extent that it so desires (subject to the provisions of the following paragraph), assume and control its defense and, subject to ss. 9.1.5(c), settle or compromise it. Unless OwneR Participant agrees in writing otherwise, no settlement of any claim hereunder may require Owner Participant to agree to any remedy apart from the payment of money damages (for which such payment of money damages Lessee will in any event indemnify the Indemnitees).

Appears in 2 contracts

Samples: Participation Agreement (Amtran Inc), Participation Agreement (Amtran Inc)

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Notice of Proceedings; Defense of Claims; Limitations. (a) If any action, suit, or proceeding for which Lessee is responsible under this ss. 9.1 is brought against any Indemnitee, such Indemnitee shall notify Lessee of the commencement thereof, and Lessee may, at its expense, participate in and, to the extent that it so desires (subject to the provisions of the following paragraph), assume and control its defense and, subject to ss. 9.1.5(c), settle or compromise it. Unless OwneR Owner Participant agrees in writing otherwise, no settlement of any claim hereunder may require Owner Participant to agree to any remedy apart from the payment of money damages (for which such payment of money damages Lessee will in any event indemnify the Indemnitees).

Appears in 2 contracts

Samples: Participation Agreement (Amtran Inc), Participation Agreement (Amtran Inc)

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