Resolution of Notice of Claim Sample Clauses
Resolution of Notice of Claim. Each Notice of Claim delivered by Acquirer will be resolved as follows:
Resolution of Notice of Claim. Each Notice of Claim delivered by an Indemnified Party to an Indemnifying Party will be resolved as follows:
(a) With respect to a Claim that does not arise out of a Third Party Claim, if, within 20 calendar days after a Notice of Claim is received by the Indemnifying Party, the Indemnifying Party does not contest such Notice of Claim in writing to the Indemnified Party as provided in Section 9.5(b), then the Indemnifying Party will be conclusively deemed to have consented to the recovery by the Indemnified Party of the full amount of the Damages specified in the Notice of Claim and, without further notice, to have stipulated to the entry of a final judgment for damages against the Indemnifying Party for such amount in any court having jurisdiction over the matter where venue is proper. With respect to a Third Party Claim, if the Indemnifying Party assumes the defense of such Third Party Claim on the terms provided in Section 9.2(b) and employs counsel reasonably satisfactory to the Indemnified Party, then the Indemnifying Party will be conclusively deemed to have consented to the recovery by the Indemnified Party of the full amount of the Damages specified in the Notice of Claim and, without further notice, to have stipulated to the entry of a final judgment for damages against the Indemnifying Party for such amount in any court having jurisdiction over the matter where venue is proper.
(b) If, (i) with respect to a Claim that is not a Third Party Claim, the Indemnifying Party delivers the notice specified in Section 9.5(a) within the 20-day period specified or (ii) with respect to a Third Party Claim, the Indemnifying Party declines or fails to assume the defense of such Third Party Claim on the terms provided in Section 9.2(b) or to employ counsel reasonably satisfactory to the Indemnified Party, in either case within the 10-day period provided in Section 9.2(b) (a Claim described in either of the foregoing clauses (i) and (ii), a “Contested Claim”), then such Contested Claim will be resolved by either (iii) a written settlement agreement executed by the Indemnifying Party and the Indemnified Party or (iv) in the absence of such a written settlement agreement, by binding arbitration between Indemnifying Party and the Indemnified Party in accordance with the terms and provisions of Section 10.6.
(c) If a Claim (including a Contested Claim) is settled by a written settlement agreement executed by the Indemnifying Party and the Indemnified Party (a “Settle...
Resolution of Notice of Claim. Any Notice of Claim received by the ----------------------------- Representative will be resolved as follows:
Resolution of Notice of Claim. Each Notice of Claim given by Parent shall be resolved as follows:
Resolution of Notice of Claim. Each Notice of Claim given by an Indemnified Party, other than with respect to Third-Party Claims resolved in accordance with Section 14.4, shall be resolved as follows:
Resolution of Notice of Claim. Each Notice of Claim given by any Buyer Indemnitee shall be resolved as follows:
Resolution of Notice of Claim. Any Notice of Claim will be resolved as follows:
Resolution of Notice of Claim. Any Notice of Claim received by either ----------------------------- the Shareholders or DoveBid will be resolved as follows:
Resolution of Notice of Claim. Each Notice of Claim given by Acquiror, which does not involve a third party, shall be resolved as follows:
Resolution of Notice of Claim. Each Notice of Claim given by an Indemnitee shall be resolved as follows: