Common use of NOTIFICATION OF CLAIMS; ELECTION TO DEFEND Clause in Contracts

NOTIFICATION OF CLAIMS; ELECTION TO DEFEND. (a) A party entitled to be indemnified pursuant to Section 8.1 or 8.2 hereof, as the case may be (the "Indemnified Party"), shall notify the party liable for such indemnification (the "Indemnifying Party") in writing of any claim or demand (a "Claim") that the Indemnified Party has determined has given or could give rise to a right of indemnification hereunder. Subject to the Indemnifying Party's right to defend in good faith third party claims as hereinafter provided, the Indemnifying Party shall satisfy its obligations under this Article VIII within 30 days after the receipt of written notice thereof from the Indemnified Party. Any amounts paid thereafter shall include interest thereon for the period commencing at the end of such 30-day period and ending on the actual date of payment, at a rate of 15% per annum, or, if lower, at the highest rate of interest permitted by applicable law at the time of such payment.

Appears in 12 contracts

Samples: Agreement and Plan of Share Exchange (Simex Technologies Inc), Agreement and Plan of Merger (Ixl Enterprises Inc), Agreement and Plan of Merger (Ixl Enterprises Inc)

AutoNDA by SimpleDocs

NOTIFICATION OF CLAIMS; ELECTION TO DEFEND. (a) A party entitled to be indemnified pursuant to Section 8.1 6.1 or 8.2 6.2 hereof, as the case may be (the "Indemnified Party"), shall notify the party liable for such indemnification (the "Indemnifying Party") in writing of any claim or demand (a "Claim") that the Indemnified Party has determined has given or could give rise to a right of indemnification hereunderunder this Agreement. Subject to the Indemnifying Party's right to defend in good faith third party claims Claims as hereinafter provided, the Indemnifying Party shall satisfy its obligations under this Article VIII VI within 30 days after the receipt of written notice thereof from the Indemnified Party. Any amounts paid thereafter shall include interest thereon for the period commencing at the end of such 30-day period and ending on the actual date of payment, at a rate of 15% per annum, or, if lower, at the highest rate of interest permitted by applicable law at the time of such payment.

Appears in 3 contracts

Samples: Asset Purchase Agreement (Ixl Enterprises Inc), Asset Purchase Agreement (Ixl Enterprises Inc), Asset Purchase Agreement (Ixl Enterprises Inc)

NOTIFICATION OF CLAIMS; ELECTION TO DEFEND. (a) A party entitled to be indemnified pursuant to Section 8.1 4.1 or 8.2 hereof4.2, as the case may be (the "Indemnified Party"), shall notify the party liable for such indemnification (the "Indemnifying Party") in writing of any claim or demand (a "Claim") that the Indemnified Party has determined has given or could give rise to a right of indemnification hereunder. Subject to the Indemnifying Party's right to defend in good faith third party claims as hereinafter provided, the Indemnifying Party shall satisfy its obligations under this Article VIII within 30 days after the receipt of written notice thereof from the Indemnified Party. Any amounts paid thereafter shall include interest thereon for the period commencing at the end of such 30-day period and ending on the actual date of payment, at a rate of 15% per annum, or, if lower, at the highest rate of interest permitted by applicable law at the time of such payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ixl Enterprises Inc)

NOTIFICATION OF CLAIMS; ELECTION TO DEFEND. (a) A party entitled to be indemnified pursuant to Section 8.1 or 8.2 hereof, as the case may be (the "Indemnified Party"), shall notify the party liable for such indemnification (the "Indemnifying Party") in writing of any claim or demand (a "Claim") that the Indemnified Party has determined has given or could give rise to a right of indemnification hereunderunder this Agreement. Subject to the Indemnifying Party's right to defend in good faith third party claims as hereinafter provided, the Indemnifying indemnifying Party shall satisfy its obligations under this Article VIII within 30 60 days after the receipt of written notice thereof from the Indemnified Party. Any amounts paid thereafter shall include interest thereon for the period commencing at the end of such 3060-day period and ending on the actual date of payment, at a rate of 15% per annum, or, if lower, at the highest rate of interest permitted by applicable law at the time of such payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ixl Enterprises Inc)

NOTIFICATION OF CLAIMS; ELECTION TO DEFEND. (a) A party entitled to be indemnified pursuant to Section 8.1 6.1 or 8.2 hereof6.2, as the case may be (the "Indemnified Party"), shall notify the party liable for such indemnification (the "Indemnifying Party") in writing of any claim or demand (a "Claim") that the Indemnified Party has determined has given or could give rise to a right of indemnification hereunder. Subject to the Indemnifying Party's right to defend in good faith third party claims as hereinafter provided, the Indemnifying Party shall satisfy its obligations under this Article VIII within 30 days after the receipt of written notice thereof from the Indemnified Party. Any amounts paid thereafter shall include interest thereon for the period commencing at the end of such 30-day period and ending on the actual date of payment, at a rate of 1510% per annum, or, if lower, at the highest rate of interest permitted by applicable law at the time of such payment.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Stupid Pc Inc /Ga)

NOTIFICATION OF CLAIMS; ELECTION TO DEFEND. (a) A party entitled to be indemnified pursuant to Section 8.1 6.1 or 8.2 6.2 hereof, ; as the case may be (the "Indemnified Party"), shall notify the party liable for such indemnification (the "Indemnifying Party") in writing of any claim or demand (a "Claim") that the Indemnified Party has determined has given or could give rise to a right rights of indemnification hereunder. Subject to the Indemnifying Party's right rights to defend in good faith third party claims as hereinafter provided, the Indemnifying Party shall satisfy its obligations under this Article VIII VI within 30 days after the receipt of written notice thereof from the Indemnified Party. Any amounts paid thereafter shall include interest thereon for the period commencing at the end of such 30-day period and ending on the actual date of payment, at a rate of 15% per annum, or, if lower, at the highest rate of interest permitted by applicable law at the time of such payment.

Appears in 1 contract

Samples: Share Purchase Agreement (Ixl Enterprises Inc)

NOTIFICATION OF CLAIMS; ELECTION TO DEFEND. (a) A party entitled to be indemnified pursuant to Section 8.1 6.1 or 8.2 6.2 hereof, as the case may be (the "Indemnified Party"), shall notify the party liable for such indemnification (the "Indemnifying Party") in writing of any claim or demand (a "Claim") that the Indemnified Party has determined has given or could give rise to a right of indemnification hereunder. Subject to the Indemnifying Party's right to defend in good faith third party claims Claims as hereinafter provided, the Indemnifying Party shall satisfy its obligations under this Article VIII VI within 30 days after the receipt of written notice thereof from the Indemnified Party. Any amounts paid thereafter shall include interest thereon for the period commencing at the end of such 30-day period and ending on the actual date of payment, at a rate of 15% per annum, or, if lower, at the highest rate of interest permitted by applicable law at the time of such payment.

Appears in 1 contract

Samples: Asset Purchase Agreement (Ixl Enterprises Inc)

AutoNDA by SimpleDocs

NOTIFICATION OF CLAIMS; ELECTION TO DEFEND. (a) A party entitled to be indemnified pursuant to Section 8.1 or 8.2 hereof, as the case may be (the "Indemnified Party"), shall notify the party liable for such indemnification (the "Indemnifying Party") in writing of any claim or demand (a "Claim") that the Indemnified Party has determined has given or could give rise to a right of indemnification hereunderunder this Agreement. Subject to the Indemnifying Party's right to defend in good faith third party claims as hereinafter provided, the Indemnifying Party shall satisfy its obligations under this Article VIII within 30 days after the receipt of written notice thereof from the Indemnified Party. Any amounts paid thereafter shall include interest thereon for the period commencing at the end of such 30-day period and ending on the actual date of payment, at a rate of 15% per annum, or, if lower, at the highest rate of interest permitted by applicable law at the time of such payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ixl Enterprises Inc)

NOTIFICATION OF CLAIMS; ELECTION TO DEFEND. (a) A party entitled to be indemnified pursuant to Section 8.1 or 8.2 hereof, as the case may be (the "Indemnified Party"), shall notify the party liable for such indemnification (the "Indemnifying Party") in writing of any claim or demand (a "Claim") that the Indemnified Party has determined has given or could give rise to a right of indemnification hereunder. Subject to the Indemnifying Party's right to defend in good faith third party claims as hereinafter provided, the Indemnifying Party shall satisfy its obligations under this Article VIII within 30 days after the receipt of written notice thereof from the Indemnified Party. Any amounts paid thereafter shall include interest thereon for the period commencing at the end of such 30-day period and ending on the actual date of payment, at a rate of 1512% per annum, or, if lower, at the highest rate of interest permitted by applicable law at the time of such payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ixl Enterprises Inc)

NOTIFICATION OF CLAIMS; ELECTION TO DEFEND. (a) A party entitled to be indemnified pursuant to Section 8.1 or 8.2 hereof, as the case may be (the "Indemnified Party"), shall notify the party liable for such indemnification (the "Indemnifying Party") in writing of any claim or demand (a "Claim") that the Indemnified Party has determined has given or could give rise to a right of indemnification hereunderunder this Agreement. Subject to the Indemnifying Party's right to defend in good faith third party claims as hereinafter provided, the Indemnifying Party shall satisfy its obligations under this Article VIII within 30 days after the receipt of written notice thereof from the Indemnified Party. Any amounts paid thereafter shall include interest thereon for the period commencing at the end of such 30-day period and ending on the actual date of payment, at a rate of 15% 15 per annum, or, if lower, at the highest rate of interest permitted by applicable law at the time of such payment.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Ixl Enterprises Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.