Common use of Failure to Pay Indemnification Clause in Contracts

Failure to Pay Indemnification. If and to the extent an Indemnitee makes written demand upon an Indemnitor for indemnification pursuant to this Article VI and the Indemnitor refuses or fails to pay in full within 10 business days after final determination with respect thereto, then the Indemnitee may use any legal or equitable remedy to collect from the Indemnitor the amount of its Damages. Nothing contained herein is intended to limit or constrain an Indemnitee's rights against an Indemnitor for indemnity, the remedies herein being cumulative and in addition to all other rights and remedies of the Indemnitee.

Failure to Pay Indemnification. If and to the extent an Indemnitee makes written demand upon an Indemnitor for indemnification pursuant to this Article VI and the Indemnitor refuses or fails to pay in full within 10 30 business days after final determination with respect theretoof such written demand, then the Indemnitee after arbitration of the matter may use any legal or equitable remedy to collect from the Indemnitor the amount of its Damages. Nothing contained herein is intended to limit or constrain an Indemnitee's rights against an Indemnitor for indemnity, the remedies herein being cumulative and in addition to all other rights and remedies of the Indemnitee.