Procedure for Claiming Indemnity. 13.2.1 Third party claims a. Where the indemnified Party is entitled to indemnification from the indemnifying Party pursuant to Article13.1.1a, the indemnified Party shall promptly notify the indemnifying Party of such claim referred to in to Article13.1.1a in respect of which it is entitled to be indemnified. Such notice shall be given as soon as reasonably practicable after the indemnified Party becomes aware of such claim. The indemnifying Party shall be liable to settle the indemnification claim within thirty (30) Days of receipt of the above notice. However, if: i. the Parties choose to refer the dispute before the Arbitrator in accordance with Article16.3; and ii. the claim amount is not required to be paid/ deposited to such third party pending the resolution of the Dispute; b. the indemnifying Party shall become liable to pay the claim amount to the indemnified Party or to the third party, as the case may be, promptly following the resolution of the Dispute, if such Dispute is not settled in favour of the indemnifying Party. c. An indemnifying Party may, at its own expense, assume control of the defence of any proceedings brought against it by the indemnified Party.
Appears in 2 contracts
Samples: Power Purchase Agreement (Ppa), Power Purchase Agreement (Ppa)
Procedure for Claiming Indemnity. 13.2.1 Third party claims
a. Where the indemnified Party is entitled to indemnification from the indemnifying Party pursuant to Article13.1.1aArticle 13.1.1a, the indemnified Party shall promptly notify the indemnifying Party of such claim referred to in to Article13.1.1a Article 13.1.1a in respect of which it is entitled to be indemnified. Such notice shall be given as soon as reasonably practicable after the indemnified Party becomes aware of such claim. The indemnifying Party shall be liable to settle the indemnification claim within thirty (30) Days of receipt of the above notice. However, if:
i. the Parties choose to refer the dispute before the Arbitrator in accordance with Article16.3; and
ii. the claim amount is not required to be paid/ deposited to such third party pending the resolution of the Dispute;
b. the indemnifying Party shall become liable to pay the claim amount to the indemnified Party or to the third party, as the case may be, promptly following the resolution of the Dispute, if such Dispute is not settled in favour of the indemnifying Party.
c. An indemnifying Party may, at its own expense, assume control of the defence of any proceedings brought against it by the indemnified Party.
Appears in 1 contract
Samples: Power Purchase Agreement (Ppa)
Procedure for Claiming Indemnity. 13.2.1 12.2.1 Third party claims
a. Where the indemnified Party is entitled to indemnification from the indemnifying Party pursuant to Article13.1.1aArticle 12.1.1a, the indemnified Party shall promptly notify the indemnifying Party of such claim referred to in to Article13.1.1a Article 12.1.1a in respect of which it is entitled to be indemnified. Such notice shall be given as soon as reasonably practicable after the indemnified Party becomes aware of such claim. The indemnifying Party shall be liable to settle the indemnification claim within thirty (30) Days of receipt of the above notice. However, if:
i. the Parties choose to refer the dispute before the Arbitrator in accordance with Article16.3Article15.3; and
ii. the claim amount is not required to be paid/ deposited to such third party pending the resolution of the Dispute;
b. the indemnifying Party shall become liable to pay the claim amount to the indemnified Party or to the third party, as the case may be, promptly following the resolution of the Dispute, if such Dispute is not settled in favour of the indemnifying Party.
c. An indemnifying Party may, at its own expense, assume control of the defence of any proceedings brought against it by the indemnified Party.
Appears in 1 contract
Samples: Power Purchase Agreement
Procedure for Claiming Indemnity. 13.2.1 Third party claims
a. Where the indemnified Indemnified Party is entitled to indemnification from the indemnifying Party pursuant to Article13.1.1aIndemnifying Party, the indemnified Indemnified Party shall promptly notify the indemnifying Indemnifying Party of such claim referred to in to Article13.1.1a in respect of which it is entitled intends to be indemnified. Such notice shall be given as soon as reasonably practicable after the indemnified Indemnified Party becomes aware of such claim. The indemnifying Indemnifying Party shall be liable to settle the indemnification claim within thirty (30) Days days of receipt of the above notice. HoweverProvided however that, if:
i. i) the Parties choose to refer the dispute before the Arbitrator in accordance with Article16.3Clause 16; and
and ii. ) the claim amount is not required to be paid/ deposited to such third party pending the resolution of the Dispute;
b. the indemnifying , The Indemnifying Party shall become liable to pay the claim amount to the indemnified Indemnified Party or to the third party, as the case may be, promptly following the resolution of the Dispute, if such Dispute is not settled in favour of the indemnifying Indemnified Party.
c. An indemnifying Party may. Notwithstanding anything to the contrary contained herein, at its own expense, assume control of the defence of any proceedings brought against it maximum amount payable by the indemnified PartyCaptive User as damages and/or indemnity, under this Agreement or any other related document shall not exceed the amount of equity investment by it.
Appears in 1 contract
Samples: Power Delivery Agreement