Common use of Procedure for Direct Claims Clause in Contracts

Procedure for Direct Claims. (a) The rights and obligations of Indemnitee and Indemnitor with respect to Indemnification Claims resulting from or arising out of Direct Claims shall be subject to the following conditions: A party having an Indemnification Claim resulting from or arising out of a Direct Claim shall give prompt written notice to Indemnitor specifying in reasonable detail each provision of this AGREEMENT under which the Indemnification Claim is made and the nature and amount of the Indemnification Claim asserted. If the Indemnitor, within 20 days after the receipt of notice by Xxxxxxxxxx, shall not give written notice to Indemnitee accepting in its entirety such Indemnification Claim, such Indemnification Claim shall be deemed rejected by the Indemnitor and the parties may, subject to this AGREEMENT, pursue such remedies as are provided by law. (b) Notwithstanding Sections 9.2 and 9.3, to the extent that a party against whom a Direct Claim is brought prevails in such Direct Claim then the party which brought such Direct Claim shall reimburse the prevailing party for all reasonable out-of-pocket costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in investigating and defending such Direct Claim.

Procedure for Direct Claims. (a) The rights and obligations of Indemnitee and Indemnitor with respect to Indemnification Claims resulting from or arising out of Direct Claims shall be subject to the following conditions: A party having an Indemnification Claim resulting from or arising out of a Direct Claim shall give prompt written notice to Indemnitor specifying in reasonable detail each provision of this AGREEMENT under which the Indemnification Claim is made and the nature and amount of the Indemnification Claim asserted. If the Indemnitor, within 20 days after the receipt of notice by XxxxxxxxxxIndemnitee, shall not give written notice to Indemnitee accepting in its entirety such Indemnification Claim, such Indemnification Claim shall be deemed rejected by the Indemnitor and the parties may, subject to this AGREEMENT, pursue such remedies as are provided by law. (b) Notwithstanding Sections 9.2 and 9.3, to the extent that a party against whom a Direct Claim is brought prevails in such Direct Claim then the party which brought such Direct Claim shall reimburse the prevailing party for all reasonable out-of-pocket costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in investigating and defending such Direct Claim.

Procedure for Direct Claims. (a) The rights and obligations of Indemnitee and Indemnitor with respect to Indemnification Claims resulting from or arising out of Direct Claims shall be subject to the following conditions: A party having an Indemnification Claim resulting from or arising out of a Direct Claim shall give prompt written notice to Indemnitor specifying in reasonable detail each provision of this AGREEMENT under which the Indemnification Claim is made and the nature and amount of the Indemnification Claim asserted. If the Indemnitor, within 20 days after the receipt of notice by Xxxxxxxxxx, shall not give written notice to Indemnitee accepting in its entirety such Indemnification Claim, such Indemnification Claim shall be deemed rejected by the Indemnitor and the parties may, subject to this AGREEMENT, pursue such remedies as are provided by law. (b) Notwithstanding Sections 9.2 11.2 and 9.311.3, to the extent that a party against whom a Direct Claim is brought prevails in such Direct Claim then the party which brought such Direct Claim shall reimburse the prevailing party for all reasonable out-of-pocket costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in investigating and defending such Direct Claim.