Common use of Failure to Give Timely Notice Clause in Contracts

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 6 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A The failure to give timely notice as provided in under this Article 5 shall 6 will not affect the rights or obligations of any Party except to the extent (and only to the extent extent) that, as a result of such failure, any the Party which that was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage suffered damage or was otherwise directly and materially damaged as a result of such failureadversely prejudiced.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 8 shall not affect the rights or obligations of any the Indemnifier or Indemnified Party except and only to the extent that, as a result of such failure, any Party such party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure or whose rights were materially prejudiced by such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely timely, complete or accurate notice as provided in this Article 5 shall Section 6.4(d) will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party which was party entitled to receive such notice was deprived adversely affected, including any deprivation of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failurecoverage.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 shall Section 8.4 will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged prejudiced as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in accordance with this Article 5 12 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any a Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure. However, this Section 12.6 shall have no effect whatever on the survival provisions set out in Section 9.4 and the rights of the Parties with respect thereto.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 11 shall not affect the rights or obligations of any Party party under this Article 11 except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in accordance with this Article 5 12 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any a Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure. However, this Section 12.6 shall have no effect whatever on the survival provisions set out in Section 9.5 and the rights of the Parties with respect thereto.

Failure to Give Timely Notice. A The failure to give timely notice as provided in this Article 5 shall 6 will not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any the Party which that was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage suffered damage or was otherwise directly and materially damaged as a result of such failureprejudiced.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 11 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, that any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged sustained a Damage as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided ------------------------------ in this Article 5 shall not affect the rights or obligations of any either Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in accordance with this Article 5 12 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any a Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure. However, this Section 12.4 shall have no effect whatever on the survival provisions set out in Section 9.4 and the rights of the Parties with respect thereto.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 7 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged sustained a Loss as a result of such failurefailure or was prejudiced in its ability to assert any rights or defences.

Failure to Give Timely Notice. A The failure to give timely notice as provided in this Article 5 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any the Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failuresuffered damage.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 7 shall not affect the rights or obligations of any Party or Indemnified Party except and only to the extent that, as a result of such failure, any such Party which or Indemnified Party as was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 11 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely timely, complete or accurate notice as provided in this Article 5 shall SECTION 6.4(C) will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party which was party entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.under

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 10 shall not affect the rights or obligations of any Party party under this Article 11 except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 shall Section 7.4 will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged prejudiced as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 shall not affect the rights or obligations of any Party either Party, except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A The failure to give timely notice as provided in under this Article 5 shall 4 will not affect the rights or obligations of any Party except to the extent (and only to the extent extent) that, as a result of such failure, any the Party which that was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage suffered serious damage or was otherwise directly and materially damaged as a result adversely prejudiced in the defence of such failureclaim.

Failure to Give Timely Notice. 5.7.1 A failure to give timely notice as provided in this Article 5 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged sustained a Loss as a result of such failure.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely timely, complete or accurate notice as provided in this Article 5 shall Section 6.1.3 will not affect the rights or obligations of any Party party hereunder except and only to the extent that, that as a result of such failure, any Party which was party entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failurefailure to give timely notice.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 8 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 6 shall not affect the rights or obligations of any Party party, except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely provide notice as provided in this Article 5 shall Section 5.4 will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party which was party entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.failure to give timely notice. Section 5.6

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 12 shall not affect the rights or obligations of any Party party under this Article 12 except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely promptly provide notice as provided in this Article 5 shall Section 5.4 will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party which was party entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failurefailure to give timely notice.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 7 shall not affect the rights or obligations of any Party party except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A Other than in respect of the time for giving notices or other limitations set forth in Section 7.4, a failure to give timely or prompt notice as otherwise provided in this Article 5 VII shall not affect the rights or obligations of any Party party except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A Other than in respect of the time for giving notices or other limitations set forth in Section 9.4, a failure to give timely or prompt notice as otherwise provided in this Article 5 IX shall not affect the rights or obligations of any Party party except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 7 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in accordance with this Article 5 ARTICLE 12 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any a Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure. However, this Section 12.6 shall have no effect whatever on the survival provisions set out in Section 9.5 and the rights of the Parties with respect thereto.

Failure to Give Timely Notice. A Except in connection with the notice obligations under Section 9.5, a failure to give timely notice as provided in this Article 5 9 shall not affect the rights or obligations of any Party party except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage coverage, becomes liable for a larger Loss, loses the benefit of any available defence (in whole or in part), or was otherwise directly and materially damaged prejudiced as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 7 shall not affect the rights or obligations of any Party party except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged prejudiced as a result of such failurefailure to give timely notice.

Failure to Give Timely Notice. A failure to give timely notice as ------------------------------ provided in this Article 5 shall Section 8.4 will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A Other than in respect of the time for giving notices or other limitations set forth in Section 9.4, a failure to give timely or prompt notice as otherwise provided in this Article 5 9 shall not affect the rights or obligations of any Party party except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 IX shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage coverage, was unable to defend the Claim or was otherwise directly and materially damaged as a result of such failure. Notwithstanding anything to the contrary in this Article IX, no Claim for indemnification may be made under this Agreement beyond the expiration period for such Claim set forth in Section 6.2.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 Schedule shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.. D.4

Failure to Give Timely Notice. A failure to give timely notice as provided in required by this Article 5 6 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely timely, complete or accurate notice as provided in this Article 5 shall Section 6.3 will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party which was party entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failurefailure to give timely notice.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely timely, complete or accurate notice as provided in this Article 5 shall Section 6.4(c) will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party which was party entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failurefailure to give timely notice.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 9 shall not affect the rights or obligations of any Party party under this Article 9 except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 6 shall not affect the rights or obligations of any Party Party, except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged prejudiced as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged sustained a Loss as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 Schedule shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 6 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 15 shall not affect the rights or obligations of any Party except and only to the extent that, as a result of such failure, any Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely timely, complete or accurate notice as provided in this Article 5 shall SECTION 6.4(C) will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party which was party entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failurefailure to give timely notice.

Failure to Give Timely Notice. A failure to give timely notice as provided in this Article 5 shall Section 8.4 will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure.

Failure to Give Timely Notice. A failure to give timely notice as provided in under this Article 5 6 shall not affect ----------------------------- the rights or obligations of any Party hereunder except if, and only to the extent that, as a result of such failure, any the Party which was entitled to receive such notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged actually prejudiced as a result of such failure.