Common use of Defense Declined Clause in Contracts

Defense Declined. If the Indemnifying Party declines to assume defense of any Third Party Action, and it is later determined by a court of competent jurisdiction that such Third Party Action was eligible for indemnification under Sections 13.1, 13.2 or 15.3, as applicable, within *** following such determination, the Indemnifying Party shall reimburse the Indemnified Party in full for all Losses incurred in connection with such Third Party Action.

Defense Declined. If the Indemnifying Party declines to assume defense of any Third Party Action, and it is later determined by a court of competent jurisdiction that such Third Party Action was eligible for indemnification under Sections 13.1, 13.2 7.1 or 15.37.2, as applicable, within *** following such determination, the Indemnifying Party shall reimburse the Indemnified Party in full for all Losses incurred in connection with such Third Party Action.

Defense Declined. If the Indemnifying Party declines to assume defense of any Third Party Actionthird party Claim, and it is later determined by a court of competent jurisdiction that such Third Party Action third party Claim was eligible for indemnification under Sections 13.1, 13.2 13.1 or 15.313.2, as applicable, within *** following such determination, the Indemnifying Party shall reimburse the Indemnified Party in full for all Losses judgments, costs and expenses (including attorneys’ fees and expenses) incurred in connection with such Third Party Actionthird party Claim.