Paid or Settled Claims. If a Claim Notice is not given by the Indemnitee prior to the payment or settlement of a Third Party Claim, the Indemnitee shall be entitled to be indemnified under this Article VIII except to the extent that the Indemnitor can establish that the Indemnitor has been prejudiced by such payment or settlement.
Appears in 3 contracts
Samples: Asset Purchase Agreement (Elecsys Corp), Asset Purchase Agreement (Elecsys Corp), Asset Purchase Agreement (Elecsys Corp)
Paid or Settled Claims. If a Claim Notice is not given by the Indemnitee prior to the payment or settlement by the Indemnitee of a Third Third-Party Claim, the Indemnitee shall only be entitled to be indemnified under this Article VIII except X to the extent (and only to the extent) that the Indemnitor Indemnitee can establish that the Indemnitor has not been prejudiced by such payment or settlement.
Appears in 2 contracts
Samples: Merger Agreement (Sleepmaster LLC), Agreement and Plan of Merger (3m Co)
Paid or Settled Claims. If a Claim Notice is not given by the ---------------------- Indemnitee prior to the payment or settlement of a Third Party Claim, the Indemnitee shall be entitled to be indemnified under this Article VIII except only to the extent that the Indemnitor Indemnitee can establish that the Indemnitor has not been prejudiced by such payment or settlement.
Appears in 1 contract
Samples: Stock Purchase and Sale Agreement (Cyprus Amax Minerals Co)
Paid or Settled Claims. If a Claim Notice is not given by ---------------------- the Indemnitee prior to the payment or settlement of a Third Party Claim, the Indemnitee shall be entitled to be indemnified under this Article VIII except only to the extent that the Indemnitor Indemnitee can establish that the Indemnitor has not been prejudiced by such payment or settlement.
Appears in 1 contract
Samples: Stock Purchase and Sale Agreement (Princess Beverly Coal Holding Co Inc)
Paid or Settled Claims. If a Claim Notice is not given by the Indemnitee prior to the payment or settlement of a Third Party Claim, the Indemnitee shall be entitled to be indemnified under this Article VIII except VII only to the extent that the Indemnitor Indemnitee can establish that the Indemnitor has not been prejudiced by such payment or settlement.
Appears in 1 contract
Samples: Stock Purchase Agreement (Mapco Inc)
Paid or Settled Claims. If a Claim Notice is not given by the Indemnitee prior to the payment or settlement of a Third Third-Party Claim, the Indemnitee shall be entitled to be indemnified under this Article VIII except 8 only to the extent that the Indemnitor Indemnitee can establish that the Indemnitor has not been prejudiced by such payment or settlement.
Appears in 1 contract
