Notification of Indemnification; Conduct of Defense. (a) In no case shall the indemnifying party be liable under Section 8.1 of this Agreement with respect to any claim or claims made against the indemnified party or any other person so indemnified unless it shall be notified in writing of the nature of the claim within a reasonable time after the assertion thereof, but failure to so notify the indemnifying party shall not relieve it from any liability which it may have under other provisions of this Agreement.
Appears in 10 contracts
Samples: Private Label Credit Card Program Agreement (Design Within Reach Inc), Co Brand and Private Label (Hanover Direct Inc), Program Agreement (Stage Stores Inc)
Notification of Indemnification; Conduct of Defense. (a) In no case shall the indemnifying party be liable under Section 8.1 6.1 of this Agreement with respect to any claim or claims made against the indemnified party or any other person so indemnified unless it shall be notified in writing of the nature of the claim within a reasonable time after the assertion thereof. However, but failure to so notify the indemnifying party shall not relieve it from any liability which it may have under other provisions of this Agreement, except to the extent that the indemnifying party’s right to defend the matter is materially and irrevocably prejudiced by such failure to give prompt notice.
Appears in 6 contracts
Samples: Application Procedure (BJ's Wholesale Club Holdings, Inc.), Application Procedure (BJ's Wholesale Club Holdings, Inc.), www.sec.gov
Notification of Indemnification; Conduct of Defense. (a) In no case The indemnified party shall notify the indemnifying party be liable under Section 8.1 of this Agreement with respect to any claim or claims made against the indemnified party or any other person so indemnified unless it shall be notified in writing of the nature of the any claim for indemnification within a reasonable time after the assertion thereof, but however, failure to so notify the indemnifying party shall not relieve it from any liability which it may have under other provisions of this Agreement, except to the extent that the indemnifying party’s right to defend the matter is materially and irrevocably prejudiced by such failure to give prompt notice.
Appears in 3 contracts
Samples: Private Label Credit Card Plan Agreement (Charming Shoppes Inc), Private Label Credit Card Plan Agreement (Charming Shoppes Inc), Private Label Credit Card Plan Agreement (Charming Shoppes Inc)
Notification of Indemnification; Conduct of Defense. (a) In no case shall the indemnifying party be liable under Section 8.1 of this Agreement with respect to any claim or claims made against the indemnified party or any other person so indemnified unless it shall be notified in writing of the nature of the claim within a reasonable time after the assertion thereof. However, but failure to so notify the indemnifying party shall not relieve it from any liability which it may have under other provisions of this Agreement, except to the extent that the indemnifying party’s right to defend the matter is materially and irrevocably prejudiced by such failure to give prompt notice.
Appears in 1 contract
Samples: Private Label Credit Card Plan Agreement (Charming Shoppes Inc)