Common use of Defense Declined Clause in Contracts

Defense Declined. If the Indemnifying Party declines to assume defense of any Claim, and it is later determined by a court of competent jurisdiction that such Claim was eligible for indemnification under Sections 8.1 or 8.2, as applicable, with thirty (30) calendar days following such determination, the Indemnifying Party shall reimburse the Indemnified Party in full for all judgments, costs and expenses (including without limitation reasonable attorneys' fees) incurred in connection with such Claim.

Defense Declined. If the Indemnifying Party declines to assume defense of any Claimclaim, and it is later determined by a court of competent jurisdiction that such Claim claim was eligible for indemnification under Sections 8.1 or 8.2, as applicable, with thirty (30) calendar days hereunder within *** following such determination, the Indemnifying Party shall reimburse the Indemnified Party in full for all judgments, costs and expenses (including without limitation reasonable attorneys' ’ fees) incurred in connection with such Claimclaim.

Defense Declined. If the Indemnifying Party declines to assume defense of any Claim, and it is later determined by a court of competent jurisdiction that such Claim was eligible for indemnification under Sections 8.1 9.1 or 8.29.2, as applicable, with thirty (30) calendar days within *** following such determination, the Indemnifying Party shall reimburse the Indemnified Party in full fall for all judgments, costs and expenses (including without limitation reasonable attorneys' ’ fees) incurred in connection with such Claim.

Defense Declined. If the Indemnifying Party declines to assume defense of any Claim, and it is later determined by a court of competent jurisdiction that such Claim was eligible for indemnification under Sections 8.1 9.1 or 8.29.2, as applicable, with within thirty (30) calendar days following such determination, the Indemnifying Party shall reimburse the Indemnified Party in full for all judgments, costs and expenses (including without limitation reasonable attorneys' ’ fees) incurred in connection with such Claim.