Common use of Defense Procedure Clause in Contracts

Defense Procedure. NAMS shall notify MENTOR in writing within ten (10) days of the assertion of any claim or discovery of any fact upon which NAMS intends to base a claim for defense and/or indemnification under this Agreement. Subject to the provisions of Section 11.3.1, above, NAMS's failure to so notify MENTOR shall not relieve MENTOR of the duty to defend and indemnify NAMS with respect to such claim except to the extent the defense of such claim is actually prejudiced thereby.

Defense Procedure. NAMS MENTOR shall notify MENTOR NAMS in writing within ten (10) days of the assertion of any claim or discovery of any fact upon which NAMS MENTOR intends to base a claim for defense and/or indemnification under this Agreement. Subject to the provisions of Section 11.3.1, above, NAMS's The failure to so notify MENTOR NAMS shall not relieve MENTOR NAMS of the duty to defend and indemnify NAMS MENTOR with respect to such claim except to the extent the defense of such claim is actually prejudiced thereby.