Party’s Failure to Act. If the indemnifying Party does not confirm that it will assume control of the defense of any infringement claim (and provide reasonable assurance regarding its fulfillment of this obligation), the indemnified Party shall have the right to take appropriate legal action and the indemnifying Party shall promptly reimburse the indemnified Party for all reasonable costs and expenses upon presentation of reasonable supporting documentation.
Appears in 6 contracts
Samples: Development, Supply, and License Agreement, Supply Agreement (Smith Electric Vehicles Corp.), Supply Agreement (Smith Electric Vehicles Corp.)
Party’s Failure to Act. If the indemnifying Party identified in Section 4.3 of this Agreement does not confirm that it will assume control of the defense of any infringement claim (and provide reasonable assurance regarding its fulfillment of this obligation), the indemnified Party shall have the right to take appropriate legal action and the indemnifying Party shall promptly reimburse the indemnified Party for all reasonable costs and expenses upon presentation of reasonable supporting documentation.
Appears in 1 contract
Samples: Development, Supply, and License Agreement (Smith Electric Vehicles Corp.)
