Common use of Duty to Give Notice and Tender Defense Clause in Contracts

Duty to Give Notice and Tender Defense. The Grantor shall give the Grantee ten (10) business days written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this Section. In the event any such claim arises, the Grantor or any other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the obligation and duty to defend, settle or compromise any claims arising thereunder, and the Grantor shall cooperate fully therein. Grantee shall accept or decline the tender within thirty (30) days. Grantee shall reimburse reasonable attorneys’ fees and costs incurred by the Grantor during the thirty (30) day period in which the Grantee accepts or declines tender. In the event that the Grantee declines defense of the claim in violation of Section 4.2, the Grantor may defend such claim and seek recovery from Grantee its expenses for reasonable attorneys’ fees and disbursements, including expert witness fees, incurred by Grantor for defense and in seeking such recovery.

Duty to Give Notice and Tender Defense. The Grantor shall give the Grantee ten (10) business days timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this Section. In the event any such claim arises, the Grantor or any other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the obligation and duty to defend, settle or compromise any claims arising thereunder, and the Grantor shall cooperate fully therein. Grantee shall accept or decline the tender within thirty (30) days. Grantee shall reimburse reasonable attorneys’ fees and costs incurred by the Grantor during the thirty (30) day period in which the Grantee accepts or declines tender. In the event that the Grantee declines defense of the claim in violation of Section 4.25.3, the Grantor may defend such claim and seek recovery from Grantee its expenses for reasonable attorneys’ fees and disbursements, including expert witness fees, incurred by Grantor for defense and in seeking such recovery.

Duty to Give Notice and Tender Defense. The Grantor shall give the Grantee ten (10) business days timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity obligation in this Section. In the event any such claim arises, the Grantor or any other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the obligation and duty to defend, settle or compromise any claims arising thereunder, and the Grantor shall cooperate fully therein. Grantee shall accept or decline the tender within thirty (30) days. Grantee shall reimburse reasonable attorneys’ attorney fees and costs incurred by the Grantor during the thirty (30) day period in which the Grantee accepts or declines tender. In the event that the Grantee declines defense of the claim in violation of Section 4.25.3, the Grantor may defend such claim and seek recovery from Grantee its expenses for reasonable attorneys’ attorney fees and disbursements, including expert witness fees, incurred by Grantor for defense and in seeking such recovery.