Right of Indemnified Party to Defend/Settle. If the Indemnifying Party does not deliver a Notice of Election relating to any claim within the required notice period or fails actively to defend such claim, the Indemnified Party shall have the right to defend and/or settle the claim in such manner as it may deem appropriate, at the cost and expense of the Indemnifying Party. Provided that the Indemnified Party acts in good faith, it may settle such claim on any terms it considers appropriate under the circumstances without in any way affecting its right to be indemnified hereunder. The Indemnifying Party shall promptly reimburse the Indemnified Party for all such costs and expenses.
Appears in 3 contracts
Samples: Contract (Skyterra Communications Inc), Contract for Design, Development and Supply of Satellite Base Station Subsystem (S Bss) (Motient Corp), Contract Amendment (Skyterra Communications Inc)
Right of Indemnified Party to Defend/Settle. If the Indemnifying indemnifying Party does not deliver a Notice of Election relating to any claim within the required notice period or fails actively to defend such claim, the Indemnified Party seeking indemnification shall have the right to defend and/or settle the claim in such manner as it may deem appropriate, at the cost and expense of the Indemnifying indemnifying Party. Provided that the Indemnified Party seeking indemnification acts in good faith, it may settle such claim on any terms it considers appropriate under the circumstances without in any way affecting its right to be indemnified hereunder. The Indemnifying indemnifying Party shall promptly reimburse the Indemnified Party seeking indemnification for all such costs and expenses.
Appears in 2 contracts
Samples: Contract for Terrestar 1 (Terrestar Corp), Contract for Terrestar 2 (Terrestar Corp)
