Written Claims. The Buyer may make a claim (not involving a Third Party Claim) in any amount to which they may be entitled under this Agreement by providing a written claim for indemnification against the Seller within any applicable survival period promptly after the Buyer has notice of any Adverse Consequence which may give rise to a claim for indemnification; provided, however, that no delay on the part of the Buyer in notifying Seller shall relieve Seller from any obligation hereunder unless (and then solely to the extent) Seller is prejudiced by such delay.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Alpha Natural Resources, Inc.), Asset Purchase Agreement (Alpha Natural Resources, Inc.)
Written Claims. The Buyer Seller may make a claim (not involving a Third Party Claim) in any amount to which they may be entitled under this Agreement by providing a written claim for indemnification against the Seller Buyer within any applicable survival period promptly after the Buyer such Indemnified Party has notice of any Adverse Consequence which may give rise to a claim for indemnification; provided, however, that no delay on the part of the Buyer Seller in notifying Seller the Buyer shall relieve Seller the Buyer from any obligation hereunder unless (and then solely to the extent) Seller the Buyer is prejudiced by such delay.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Alpha Natural Resources, Inc.), Asset Purchase Agreement (Alpha Natural Resources, Inc.)
Written Claims. The Buyer Sellers may make a claim (not involving a Third Party Claim) in any amount to which they may be entitled under this Agreement by providing a written claim for indemnification against the Seller Buyer within any applicable survival period promptly after the Buyer such Indemnified Party has notice of any Adverse Consequence which may give rise to a claim for indemnification; provided, however, that no delay on the part of the Buyer Sellers in notifying Seller the Buyer shall relieve Seller the Buyer from any obligation hereunder unless (and then solely to the extent) Seller the Buyer is prejudiced by such delay.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Alpha Natural Resources, Inc.), Asset Purchase Agreement (Alpha Natural Resources, Inc.)
Written Claims. The Buyer may make a claim (not involving a Third Party Claim) in any amount to which they may be entitled under this Agreement by providing a written claim for indemnification against the Seller Sellers within any applicable survival period promptly after the Buyer has notice of any Adverse Consequence which may give rise to a claim for indemnification; provided, however, that no delay on the part of the Buyer in notifying Seller the Sellers shall relieve Seller the Sellers from any obligation hereunder unless (and then solely to the extent) the relevant Seller is prejudiced by such delay.
Appears in 1 contract
Samples: Asset Purchase Agreement (Alpha Natural Resources, Inc.)
Written Claims. The Buyer may make a claim (not involving a Third Party Claim) in any amount to which they may be entitled under this Agreement by providing a written claim for indemnification against the any Seller within any applicable survival period promptly after the Buyer has notice of any Adverse Consequence which may give rise to a claim for indemnification; provided, however, that no delay on the part of the Buyer in notifying Seller Sellers shall relieve any Seller from any obligation hereunder unless (and then solely to the extent) such Seller is prejudiced by such delay.
Appears in 1 contract
Samples: Asset Purchase Agreement (Alpha Natural Resources, Inc.)