Notice and Additional Rights and Limitations. (a) If an Indemnified Party fails to give prompt notice of any claim being made or any suit or action being commenced in respect of which indemnification under this Article XI may be sought, such failure shall not limit the liability of the Indemnifying Party except to the extent the Indemnifying Party’s ability to defend the matter was actually prejudiced by such failure to give prompt notice.
Appears in 2 contracts
Samples: Servicing Agreement (Signet Jewelers LTD), Servicing Agreement (Signet Jewelers LTD)
Notice and Additional Rights and Limitations. (a) If an Indemnified Party fails to give prompt notice of any claim being made or any suit or action being commenced in respect of which indemnification under this Article XI XVIII may be sought, such failure shall not limit the liability of the Indemnifying Party except to the extent the Indemnifying Party’s 's ability to defend the matter was actually not materially prejudiced by such failure to give prompt notice.
Appears in 1 contract
Samples: Confidential Treatment Requested (Coldwater Creek Inc)
Notice and Additional Rights and Limitations. (a) If an Indemnified Party fails to give prompt notice of any claim being made or any suit or action being commenced in respect of which indemnification under this Article XI XVIII may be sought, such failure shall not limit the liability of the Indemnifying Party except to the extent the Indemnifying Party’s ability to defend the matter was actually not materially prejudiced by such failure to give prompt notice.
Appears in 1 contract
Samples: Program Agreement (Dillards Inc)
