Defense by Indemnified Party. If an Indemnified Party asserts it is entitled to a defense of the Third-Party Claim under Section 16.2, and the Indemnifying Party does not timely elect to assume control of the defense, or elects to assume control of the defense but does not continue to conduct such defense in a diligent manner, then:
Appears in 3 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement (Unit Corp), Purchase and Sale Agreement (Harvest Natural Resources, Inc.)
Defense by Indemnified Party. If an Indemnified Party asserts it is entitled to a defense of the Third-Party Claim under Section 16.2, and the Indemnifying Party does not timely elect to assume control of the defense, or elects to assume control of the defense but does not continue to conduct such defense in a diligent manner, then:
Appears in 1 contract
Defense by Indemnified Party. If an Indemnified Party asserts it is entitled to a defense of the Third-Party Claim under Section 16.215.3, and the Indemnifying Party does not timely elect to assume control of the defense, or elects to assume control of the defense but does not continue to conduct such defense in a diligent manner, or elects to assume control of the defense of claims subject to limitations or reservation of rights, or if the Indemnified Party exercises its right to control the defense pursuant to Section 15.5(a), then:
Appears in 1 contract
Samples: Membership Interest Purchase and Sale Agreement (Carbon Energy Corp)
