Common use of Notification and Defense of Claim Clause in Contracts

Notification and Defense of Claim. The Indemnitee agrees to notify the Company promptly in writing upon being served with any summons, citation, subpoena, complaint, indictment, information, or other document relating to any matter which may be subject to indemnification hereunder, whether civil, criminal, or investigative; provided. however, that the failure of the Indemnitee to give such notice to the Company shall not adversely affect the Indemnitee’s rights under this Agreement except to the extent the Company has been materially prejudiced as a direct result of such failure. Nothing in this Agreement shall constitute a waiver of the Company’s right to seek participation at its own expense in any Proceeding which may give rise to indemnification hereunder.

Appears in 10 contracts

Samples: Employment Agreement (Supreme Industries Inc), Indemnification Agreement (Supreme Industries Inc), Indemnification Agreement (Supreme Industries Inc)

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Notification and Defense of Claim. The Indemnitee agrees to promptly notify the Company promptly in writing upon being served with any summons, citation, subpoena, complaint, indictment, information, information or other document relating to any matter which may be subject to indemnification covered hereunder, whether civil, criminal, criminal or investigative; provided. , however, that the failure of the Indemnitee to give such notice to the Company shall not adversely affect the Indemnitee’s Indemnitees rights under this Agreement except to the extent the Company has shall have been materially prejudiced as a direct result of such failure. Nothing in this Agreement shall constitute a waiver of the Company’s right to seek participation at its own expense in any Proceeding which may give rise to indemnification hereunder.

Appears in 2 contracts

Samples: Consulting Agreement (HCC Insurance Holdings Inc/De/), Consulting Agreement (HCC Insurance Holdings Inc/De/)

Notification and Defense of Claim. The Indemnitee agrees to promptly notify the Company promptly in writing upon being served with any summons, citation, subpoena, complaint, indictment, information, information or other document relating to any matter which may be subject to indemnification covered hereunder, whether civil, criminal, criminal or investigative; provided. , however, that the failure of the Indemnitee to give such notice to the Company shall not adversely affect the Indemnitee’s rights under this Agreement except to the extent the Company has shall have been materially prejudiced as a direct result of such failure. Nothing in this Agreement shall constitute a waiver of the Company’s right to seek participation at its own expense in any Proceeding which may give rise to indemnification hereunder.

Appears in 2 contracts

Samples: Indemnification Agreement (HCC Insurance Holdings Inc/De/), Indemnification Agreement (HCC Insurance Holdings Inc/De/)

Notification and Defense of Claim. The Indemnitee agrees to notify the Company promptly in writing upon being served with any summons, citation, subpoena, complaint, indictment, information, or other document relating to any matter which may be subject to indemnification hereunder, whether civil, criminal, or investigative; provided. , however, that the failure of the Indemnitee to give such notice to the Company shall not adversely affect the Indemnitee’s rights under this Agreement except to the extent the Company has been materially prejudiced as a direct result of such failure. Nothing in this Agreement shall constitute a waiver of the Company’s right to seek participation at its own expense in any Proceeding which may give rise to indemnification hereunder.

Appears in 2 contracts

Samples: Indemnification Agreement (TGC Industries Inc), Indemnification Agreement (Chase Packaging Corp)

Notification and Defense of Claim. The Indemnitee agrees to notify the Company promptly in writing upon being served with any summons, citation, subpoena, complaint, indictment, information, or other document relating to any matter which may be subject to indemnification hereunder, whether civil, criminal, or investigative; provided. , however, that the failure of the Indemnitee to give such notice to the Company shall not adversely affect the Indemnitee’s 's rights under this Agreement except to the extent the Company has shall have been materially prejudiced as a direct result of such failure. Nothing in this Agreement shall constitute a waiver of the Company’s 's right to seek participation at its own expense in any Proceeding which may give rise to indemnification hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Shelter Components Corp)

Notification and Defense of Claim. The Indemnitee agrees to promptly notify the Company promptly in writing upon being served with any summons, citation, subpoena, complaint, indictment, information, information or other document relating to any matter which may be subject to indemnification covered hereunder, whether civil, criminal, criminal or investigative; provided. , however, that the failure of the Indemnitee to give such notice to the Company shall not adversely affect the Indemnitee’s 's rights under this Agreement except to the extent the Company has shall have been materially prejudiced as a direct result of such failure. Nothing in this Agreement shall constitute a waiver of the Company’s 's right to seek participation at its own expense in any Proceeding which may give rise to indemnification hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Factual Data Corp)

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Notification and Defense of Claim. The Indemnitee agrees to notify the Company promptly in writing upon being served with any summons, citation, subpoena, complaint, indictment, information, information or other document relating to any matter which may be subject to indemnification hereunder, whether civil, criminal, administrative or investigative; provided. , however, that the failure of the Indemnitee to give such notice to the Company shall not adversely affect the Indemnitee’s 's rights under this Agreement except to the extent the Company has shall have been materially prejudiced as a direct result of such failure. Nothing in this Agreement shall constitute a waiver of the Company’s 's right to seek participation at its own expense in any Proceeding which may give rise to indemnification hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Denbury Resources Inc)

Notification and Defense of Claim. The Indemnitee INDEMNITEE agrees to promptly notify --------------------------------- the Company promptly Companies in writing upon being served with any summons, citation, subpoena, complaint, indictment, information, information or other document relating to any matter which may be subject to indemnification covered hereunder, whether civil, criminal, criminal or investigative; provided. , however, that the failure of the Indemnitee INDEMNITEE to give such notice to the Company Companies shall not adversely affect the Indemnitee’s INDEMNITEE's rights under this Agreement except to the extent the Company has Companies shall have been materially prejudiced as a direct result of such failure. Nothing in this Agreement shall constitute a waiver of the Company’s Companies' right to seek participation at its their own expense in any Proceeding which may give rise to indemnification hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (J C Penney Co Inc)

Notification and Defense of Claim. The Indemnitee agrees to notify the Company promptly in writing upon being served with any summons, citation, subpoena, complaint, indictment, information, information or other document relating to any matter which may be subject to indemnification hereunder, whether civil, criminal, criminal or investigative; provided. , however, that the failure of the Indemnitee to give such notice to the Company shall not adversely affect the Indemnitee’s 's rights under this Agreement except to the extent the Company has shall have been materially prejudiced as a direct result of such failure. Nothing in this Agreement shall constitute a waiver of the Company’s 's right to seek participation at its own expense in any Proceeding which may give rise to indemnification hereunder.

Appears in 1 contract

Samples: Indemnification Agreement (Snyder Oil Corp)

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