Procedures for Direct Claims. In the event any Indemnified Party shall have a claim for indemnity against any Indemnifying Party that does not involve a Third Party Claim, the Indemnified Party shall deliver written notice of such claim with reasonable promptness to the Indemnifying Party specifying in detail the facts constituting the basis for, and the amount of, the claim asserted. Provided that notice is delivered prior to any applicable expiration date, the failure by any Indemnified Party so to notify the Indemnifying Party shall not relieve the Indemnifying Party from any Loss that it may have to such Indemnified Party with respect to any claim made pursuant to this Section 9.03, it being understood that notices for claims in respect of a breach of a representation, warranty, covenant, undertaking or agreement must be delivered prior to the expiration of the survival period applicable thereto.
Appears in 2 contracts
Samples: Coinsurance Agreement (Lincoln National Corp), Asset Purchase Agreement (Aetna Life Insurance & Annuity Co /Ct)
Procedures for Direct Claims. In the event any Indemnified Party shall have a claim for indemnity against any Indemnifying Party that does not involve a Third Party Claim, the Indemnified Party shall deliver written prompt notice of such claim with reasonable promptness to the Indemnifying Party specifying Party. Such notice referred to in the preceding sentence shall state the relevant facts and include therewith relevant documents and a statement in reasonable detail the facts constituting as to the basis for, and for the amount of, the claim assertedindemnification sought. Provided that notice is delivered prior to any applicable expiration date, the The failure by any Indemnified Party so to notify the Indemnifying Party shall not relieve the Indemnifying Party from any Loss liability that it may have to such Indemnified Party with respect to any claim made pursuant to this Section 9.039.4, it being understood that notices for claims in respect of a breach of a representation, warranty, covenant, undertaking representation or agreement warranty must be delivered prior to the expiration of the survival period applicable theretofor such representation or warranty.
Appears in 1 contract
Samples: Purchase Agreement (Endurance Specialty Holdings LTD)
Procedures for Direct Claims. In the event any Indemnified Party shall have a claim for indemnity against any Indemnifying Party that does not involve a Third Party Claim, the Indemnified Party shall deliver written notice of such claim with reasonable promptness to the Indemnifying Party specifying Party. Such notice referred to in the preceding sentence shall state the relevant facts and include therewith relevant documents and a statement in reasonable detail the facts constituting as to the basis for, and for the amount of, the claim assertedindemnification sought. Provided that notice is delivered prior to any applicable expiration date, the The failure by any Indemnified Party so to notify the Indemnifying Party shall not relieve the Indemnifying Party from any Loss Liability that it may have to such Indemnified Party with respect to any claim made pursuant to this Section 9.038.4, it being understood that notices for claims in respect of a breach of a representation, warranty, covenant, undertaking representation or agreement warranty must be delivered prior to the expiration of the survival period applicable theretofor such representation or warranty.
Appears in 1 contract
Samples: Transfer and Purchase Agreement (Trenwick America Corp)
Procedures for Direct Claims. In the event any Indemnified Party shall have a claim for indemnity against any Indemnifying Party that does not involve a Third Party Claim, the Indemnified Party shall deliver written notice of such claim with reasonable promptness to the Indemnifying Party specifying Party. Such notice referred to in the preceding sentence shall state the relevant facts and include therewith relevant documents and a statement in reasonable detail the facts constituting as to the basis for, and for the amount of, the claim assertedindemnification sought. Provided that notice is delivered prior to any applicable expiration date, the The failure by any Indemnified Party to so to notify the Indemnifying Party shall not relieve the Indemnifying Party from any Loss liability that it may have to such Indemnified Party with respect to any claim made pursuant to this Section 9.0312.2, it being understood that notices for claims in respect of Exhibit 2.1 a breach of a representation, warranty, covenant, undertaking representation or agreement warranty must be delivered prior to the expiration of the survival period applicable theretoSurvival Period for such representation or warranty.
Appears in 1 contract
Samples: Stock Purchase Agreement (Kingsway Financial Services Inc)
Procedures for Direct Claims. In the event any Indemnified Party shall have a claim for indemnity against any Indemnifying Party that does not involve a Third Party Claim, the Indemnified Party shall deliver written notice of such claim with reasonable promptness to the Indemnifying Party specifying Party. Such notice referred to in the preceding sentence shall state the relevant facts and include therewith relevant documents and a statement in reasonable detail the facts constituting as to the basis for, and for the amount of, the claim assertedindemnification sought. Provided that notice is delivered prior to any applicable expiration date, the The failure by any Indemnified Party so to notify the Indemnifying Party shall not relieve the Indemnifying Party from any Loss Liability that it may have to such Indemnified Party with respect to any claim made pursuant to this Section 9.037.4, it being understood that notices for claims in respect of a breach of a representation, warranty, covenant, undertaking representation or agreement warranty must be delivered prior to the expiration of the survival period applicable theretofor such representation or warranty.
Appears in 1 contract
Samples: Asset Transfer Agreement (Reliance Group Holdings Inc)
Procedures for Direct Claims. In the event any Indemnified Party shall have a claim for indemnity against any Indemnifying Party that does not involve a Third Party Claim, the Indemnified Party shall deliver written notice of such claim with reasonable promptness to the Indemnifying Party specifying Party. Such notice referred to in the preceding sentence shall state the relevant facts and include therewith relevant documents and a statement in reasonable detail the facts constituting as to the basis for, and for the amount of, the claim assertedindemnification sought. Provided that notice is delivered prior to any applicable expiration date, the The failure by any Indemnified Party so to notify the Indemnifying Party shall not relieve the Indemnifying Party from any Loss Liability that it may have to such Indemnified Party with respect to any claim made pursuant to this Section 9.036.4, it being understood that notices for claims in respect of a breach of a representation, warranty, covenant, undertaking representation or agreement warranty must be delivered prior to the expiration of the survival period applicable theretofor such representation or warranty.
Appears in 1 contract
Samples: Transfer and Purchase Agreement (Reliance Group Holdings Inc)
Procedures for Direct Claims. In the event any Indemnified Party shall have a claim for indemnity against any Indemnifying Party that does not involve a Third Party Claim, the Indemnified Party shall deliver written notice of such claim with reasonable promptness to the Indemnifying Party specifying Party. Such notice referred to in the preceding sentence shall state the relevant facts and include therewith relevant documents and a statement in reasonable detail the facts constituting as to the basis for, and for the amount of, the claim assertedindemnification sought. Provided that notice is delivered prior to any applicable expiration date, the The failure by any Indemnified Party so to notify the Indemnifying Party shall not relieve the Indemnifying Party from any Loss liability that it may have to such Indemnified Party with respect to any claim made pursuant to this Section 9.0313.2, it being understood that notices for claims in respect of a breach of a representation, warranty, covenant, undertaking representation or agreement warranty must be delivered prior to the expiration of the survival period applicable theretofor such representation or warranty.
Appears in 1 contract
Samples: Renewal Rights and Asset Purchase Agreement (Amtrust Financial Services, Inc.)