Notice and Duration. The following obligations for defense and indemnification shall be imposed only if (1) the indemnitee sends to the indemnitor timely written notice of first service of process upon the indemnitee and a timely written request to be deemed the litigation (such notice and request shall be deemed timely if given within a reasonable length of time after receipt of service by the indemnitee and a reasonable length of time prior to the date by which first response to such process is legally required, considering all the circumstances, and (2) while such litigation is pending, the indemnitee upon request shall furnish to the indemnitor all relevant facts and documentary material in the former's possession or under its control and shall make its employees or other persons under its control with knowledge of relevant facts available to the indemnitor for consultation and as witnesses at their customary places of business. The indemnity right and defense obligations hereunder shall survive the termination or expiration of this agreement and of Agency's status as advertising agency for Advertiser. (1062)
Appears in 1 contract
Sources: Advertising Agreement (Ivillage Inc)
Notice and Duration. The following obligations for obligation foe defense and indemnification shall be imposed only if (1) the indemnitee sends to the indemnitor timely written notice of first service of process upon the indemnitee and a timely written request to be deemed defend the litigation (such notice and request shall be deemed timely if given within with a reasonable length of time after receipt of service by the indemnitee and a reasonable length of time prior to the date by which first response to such process is legally required, considering all the circumstances, : and (2) while such litigation is pending, the indemnitee indemntee upon request request, shall furnish to the indemnitor indeminitor all relevant facts and documentary material in the former's formers possession or under its control control, and shall make its employees or other persons under its control with knowledge of relevant facts available to the indemnitor for consultation and as witnesses at their customary places of business. The indemnity right and defense obligations hereunder shall survive the termination or expiration of this agreement and of the agreement and of Agency's status as advertising agency for Advertiser. (1062)
Appears in 1 contract
Sources: Stock Purchase and Advertising Agreement (Coolsavings Com Inc)