Process for Claims Sample Clauses
The "Process for Claims" clause defines the procedures that parties must follow when making a claim under the agreement. Typically, it outlines the steps for submitting a claim, such as providing written notice, supporting documentation, and adhering to specific timeframes. For example, a party may be required to notify the other party of a claim within a certain number of days after discovering an issue. This clause ensures that all claims are handled in an orderly and timely manner, reducing disputes and providing a clear framework for resolving potential issues.
Process for Claims. DC shall assume full responsibility for, and the expense of, investigation, defense, legal fees, settlement and payment of all indemnifiable complaints, demands, claims and legal actions contemplated by Section 11(a); provided, however, that Annie’s may, at its expense, participate in any legal action through counsel of its own choice. Annie’s shall promptly notify DC of any such complaint, demand, claim or legal action and cooperate fully in the defense thereof. DC will not consummate any settlement pertaining to its indemnification obligations under this Agreement without the prior written consent of Annie’s, which will not be unreasonably withheld or delayed.
Process for Claims. In the event of consumer, customer or governmental agency complaints, demands, claims or legal actions alleging illness, injury, death or damage as a result of the consumption or use of any Products produced, packaged, stored or shipped by ▇▇▇▇▇ ▇▇▇▇, ▇▇▇▇▇ ▇▇▇▇ shall indemnify and hold Annie’s from and against any and all liability, loss or damage, cost or expense, of whatsoever nature and by whomsoever asserted, arising out of, resulting from or in any way connected with such complaint, demand, claim or legal action, except that ▇▇▇▇▇ ▇▇▇▇ shall not be responsible for, and shall not be required to indemnify or hold harmless Annie’s against, any liability for illness, injury, death or damage attributable to defects in Products that independent investigation discloses (a) originated solely after the Products left the custody and control of ▇▇▇▇▇ ▇▇▇▇ and was not attributable to any act or omission of ▇▇▇▇▇ ▇▇▇▇ prior to such Products leaving such custody and control, or (b) originated solely from proprietary Annie’s Specifications including labeling. ▇▇▇▇▇ ▇▇▇▇ shall assume full responsibility for, and the expense of, investigation, defense, legal fees, settlement and payment of all such complaints, demands, claims and legal actions; provided that Annie’s may, at its expense, participate in any legal action through counsel of its own choice. Annie’s shall promptly notify ▇▇▇▇▇ ▇▇▇▇ of any such complaint, demand, claim or legal action and cooperate fully in the defense thereof.
Process for Claims. In the event of consumer, customer or governmental agency complaints, demands, claims or legal actions alleging illness, injury, death or damage as a result of the consumption or use of any Products produced, packaged, stored or shipped by ▇▇▇▇▇ ▇▇▇▇, Annie’s shall indemnify and hold ▇▇▇▇▇ ▇▇▇▇ from and against any and all liability, loss or damage, cost or expense, of whatsoever nature and by whomsoever asserted, arising out of, resulting from or in any way connected with such complaint, demand, claim or legal action, except that Annie’s shall not be responsible for, and shall not be required to indemnify or hold harmless ▇▇▇▇▇ ▇▇▇▇ against, any liability for illness, injury, death or damage attributable to defects in Products that independent investigation discloses originated solely before the Products left the custody and control of ▇▇▇▇▇ ▇▇▇▇ and was not attributable to any act or omission of Annie’s prior to such Products leaving such custody and control. Annie’s shall be responsible for all package labeling. Annie’s shall assume full responsibility for, and the expense of, investigation, defense, legal fees, settlement and payment of all such complaints, demands, claims and legal actions; provided that Annie’s may, at its expense, participate in any legal action through counsel of its own choice. Annie’s shall promptly notify ▇▇▇▇▇ ▇▇▇▇ of any such complaint, demand, claim or legal action and cooperate fully in the defense thereof. Confidential Information Redacted
Process for Claims. If the Purchaser becomes aware of a Claim relevant for the purposes of this Agreement, it shall as soon as reasonably practicable give notice thereof to the Seller and shall (subject to the Purchaser and the Target Group being indemnified to the Purchaser’s satisfaction against any liability, costs, damages or expenses which may be incurred thereby) take such action and procure that the Target Company shall take such action as the Seller may reasonably request to avoid, resist, dispute, defend, compromise or appeal against the Claim, provided that neither the Purchaser nor any Target Company shall be required to take any steps which would require any admission of guilt or liability relating to matters connected with the Claim in question or which would affect the future conduct of the business of the Purchaser or any Target Company or affect the rights or reputations of any of them nor shall they be required to take any such action unless the Seller shall have produced to them a leading barrister’s opinion that such action is reasonable.
Process for Claims. (a) If any Claim comes to the notice of any Indemnified Party or if any Indemnified Party is notified of any Claim by reason of or in consequence of which any of the Indemnifying Parties may be liable, then the Indemnified Party shall promptly notify the Indemnifying Parties and in any case, within 10 (ten) days of being notified of any Claim, setting out, with particulars, the details of the Claim and provide copies of all related notices and communications with the relevant Governmental Authority or third party (to the extent practicable) to the Indemnifying Parties (“Claim Notice”). It is hereby clarified that failure or omission to notify the Indemnifying Parties within 10 (ten) days of the Indemnified Party being notified of any Claim shall not discharge the Indemnifying Parties in respect of such Claim, except to the extent such failure shall have actually prejudiced the Indemnifying Party (and in that case only to such extent).
(b) Pursuant to receipt of the Claim Notice, the Indemnifying Parties shall have the right, upon written notice thereof to the Indemnified Person, assume control of the defence of such Claim, at their own cost and expense, and cost, compromise or settle any such Claim through competent legal counsel/professionals of their choice. The Indemnifying Parties shall be required to exercise this right by taking control of the defence of such Claim within (i) 10 (ten) days from the date of receipt of the Claim Notice, by way of notification in writing to the Indemnified Party, or (ii) no later than 5 (five) days prior to the expiry of the time period prescribed under Applicable Law in this regard, whichever is earlier. The Indemnified Parties agrees to cooperate fully with the Indemnifying Party in connection with the defence, negotiation or settlement of the Claim including providing all necessary documents and information in a timely manner.
(c) If the Indemnifying Parties fail to take control of the defence or proceedings in relation to a Claim in the manner set out above, the Indemnified Parties shall be entitled to assume control of the defence of such Claim at the cost of the Indemnifying Parties.
(d) It is hereby agreed between the Parties that the obligation of the Indemnifying Parties to indemnify the Indemnified Parties shall arise immediately upon occurrence of any of the following: (a) the Promoters not choosing to defend the Claim or Promoters fail to assume defence within the stipulated timelines or fail to respond to t...