Exception to Indemnification. If the allegations asserted in any action or if any facts established during or with respect to any action would require Dealer to defend and indemnify Distributor under Section A, above, and Distributor to defend and indemnify Dealer under Section B, above, Distributor and Dealer shall each be responsible for its own defense in such an action and there shall be no obligation or responsibility in connection with any defense, judgment, settlement or expenses of such action as between Distributor and Dealer, except to the extent that such an obligation or responsibility may be imposed by applicable law.
Appears in 3 contracts
Sources: Isuzu Dealer Sales and Service Agreement (United Auto Group Inc), Dealer Sales and Service Agreement (Firstamerica Automotive Inc /De/), Dealer Sales and Service Agreement (Lithia Motors Inc)