Partial Indemnification; Interest. (A) If it is determined by the court before which a Claim is brought or a court having competent jurisdiction that the Indemnified Party is entitled to indemnification as to some claims, issues or matters, but not as to other claims, issues or matters involved in such Claim, no matter by whom brought, the court shall authorize the reasonable proration of the Indemnified Amounts with respect to which indemnification is sought by the Indemnified Party, among such claims, issues or matters as the court shall deem appropriate in light of all of the circumstances of such Claim.
Appears in 11 contracts
Samples: Indemnity Agreement (Aurora Foods Inc /De/), Indemnity Agreement (Aurora Foods Inc /De/), Indemnity Agreement (Aurora Foods Inc /De/)
Partial Indemnification; Interest. (Aa) If it is determined by the court before which a Claim is brought or a court having competent jurisdiction that the Indemnified Party is entitled to indemnification as to some claims, issues or matters, but not as to other claims, issues or matters involved in such Claim, no matter by whom brought, the court shall authorize the reasonable proration of the Indemnified Amounts with respect to which indemnification is sought by the Indemnified Party, among such claims, issues or matters as the court shall deem appropriate in light of all of the circumstances of such Claim.
Appears in 6 contracts
Samples: Indemnity Agreement (Aurora Foods Inc /De/), Indemnity Agreement (Aurora Foods Inc /De/), Indemnity Agreement (Aurora Foods Inc /De/)