Common use of Defense Procedure Clause in Contracts

Defense Procedure. Each party shall notify the other party in writing within ten (10) days of the assertion of any claim or discovery of any fact upon which the notifying party intends to base a claim for defense and/or indemnification under this Agreement. The failure to so notify the other party shall not relieve such party of the duty to defend and indemnify the notifying party with respect to such claim, except to the extent the defense of such claim is actually prejudiced thereby.

Defense Procedure. Each party shall promptly notify the other party in writing within ten (10) days of the assertion of any claim or discovery of any fact upon which the notifying such party intends to base a claim for defense and/or indemnification under this Agreement. The failure to so notify the other party shall not relieve such the other party of the duty to defend and indemnify the notifying party with respect to such claim, claim except to the extent the defense of such claim is actually prejudiced thereby.