Common use of Defense of Third Party Actions Clause in Contracts

Defense of Third Party Actions. (i) Upon receipt of a notice of a Third Party Action subject to an Indemnification Notice under this Section 9.5, the Indemnifying Person shall have the right, at its option and at its own expense, to participate in and be present at the defense of such Third Party Action, but not to control the defense, negotiation or settlement thereof, which control shall remain with the Indemnified Person, unless the Indemnifying Person makes the election provided in paragraph (ii) below.

Appears in 2 contracts

Samples: Asset Purchase Agreement (Wilson Greatbatch Technologies Inc), Asset Purchase Agreement (Maxwell Technologies Inc)

AutoNDA by SimpleDocs

Defense of Third Party Actions. (i) Upon receipt of a notice of a Third Party Action subject to an Indemnification Notice under this Section 9.59.3, the Indemnifying Person shall have the right, at its option and at its own expense, to participate in and be present at the defense of such Third Party Action, but not to control the defense, negotiation or settlement thereof, which control shall remain with the Indemnified Person, unless the Indemnifying Person makes the election provided in paragraph (ii) below.

Appears in 1 contract

Samples: Asset Purchase Agreement (Magic Lantern Group Inc)

Defense of Third Party Actions. (i) Upon receipt of a notice of a Third Party Action subject to an Indemnification Notice under this Section 9.510.3, the Indemnifying Person shall have the right, at its option and at its own expense, to participate in and be present at the defense of such Third Party Action, but not to control the defense, negotiation or settlement thereof, which control shall remain with the Indemnified Person, unless the Indemnifying Person makes the election provided in paragraph (ii) below.

Appears in 1 contract

Samples: Asset Purchase Agreement (Magic Lantern Group Inc)

AutoNDA by SimpleDocs

Defense of Third Party Actions. (i) Upon receipt of a notice of a Third Party Action subject to an Indemnification Notice under this Section 9.57.5, the Indemnifying Person shall will have the right, at its option and at its own expense, to participate in and be present at the defense of such Third Party Action, but not to control the its defense, negotiation or settlement thereofsettlement, which control shall will remain with the Indemnified Person, unless the Indemnifying Person makes the election provided in paragraph (ii) below.

Appears in 1 contract

Samples: Asset Purchase Agreement (Capital Growth Systems Inc /Fl/)

Time is Money Join Law Insider Premium to draft better contracts faster.