Common use of Notice and Payment Clause in Contracts

Notice and Payment. Each Indemnitee shall give prompt written notice to the Lessee of any liability as to which an officer of such Indemnitee has actual knowledge, for which the Lessee is, or may be, liable under this Article 7; PROVIDED, HOWEVER, that failure to give such notice shall not terminate any of the rights of an Indemnitee under this Article 7 and shall not release Lessee from any of its obligations to indemnify such Indemnitee hereunder, except to the extent that such failure adversely affects any applicable defense or counterclaim, otherwise increases the amount the Lessee would have been liable for in the 38 absence of such failure to provide such notice or adversely affects the ability of Lessee's insurers to defend such claim.

Appears in 3 contracts

Samples: Lease Agreement (Republic Airways Holdings Inc), Participation Agreement (Republic Airways Holdings Inc), Republic Airways Holdings Inc

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Notice and Payment. Each Indemnitee shall give prompt ------------------ written notice to the Lessee of any liability as to which an officer a Responsible Officer of such Indemnitee has actual knowledge, for which the Lessee is, or may be, liable under this Article 7; PROVIDEDprovided, HOWEVERhowever, that failure to give such notice -------- ------- shall not terminate any of the rights of an Indemnitee under this Article 7 and shall not release Lessee from any of its obligations to indemnify such Indemnitee hereunder, except to the extent that such failure adversely affects any applicable defense or counterclaim, otherwise increases the amount the Lessee would have been liable for in the 38 absence of such failure to provide such notice or adversely affects the ability of Lessee's insurers to defend such claim.

Appears in 2 contracts

Samples: Conformed Copy (Midway Airlines Corp), Conformed Copy (Midway Airlines Corp)

Notice and Payment. Each Indemnitee shall give prompt written notice to the Lessee of any liability as to which an officer of such Indemnitee has actual knowledge, for which the Lessee is, or may be, liable under this Article 7; PROVIDED, HOWEVER, that failure to give such notice shall not terminate any of the rights of an Indemnitee under this Article 7 and shall not release Lessee from any of its obligations to indemnify such Indemnitee hereunder, except to the extent that such failure adversely affects any applicable defense or counterclaim, otherwise increases the amount the Lessee would have been liable for in the 38 absence of such failure to provide such notice or adversely affects the ability of Lessee's insurers to defend such claim.

Appears in 2 contracts

Samples: Participation Agreement (Republic Airways Holdings Inc), Republic Airways Holdings Inc

Notice and Payment. Each Indemnitee shall give prompt ------------------ written notice to the Lessee of any liability as to which an officer of such Indemnitee has actual knowledge, for which the Lessee is, or may be, liable under this Article 7; PROVIDEDprovided, HOWEVERhowever, that failure to give such notice shall -------- ------- not terminate any of the rights of an Indemnitee under this Article 7 and shall not release Lessee from any of its obligations to indemnify such Indemnitee hereunder, except to the extent that such failure adversely affects any applicable defense or counterclaim, otherwise increases the amount the Lessee would have been liable for in the 38 absence of such failure to provide such notice or adversely affects the ability of Lessee's insurers to defend such claim.

Appears in 2 contracts

Samples: Participation Agreement (Midway Airlines Corp), Participation Agreement (Midway Airlines Corp)

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Notice and Payment. Each Indemnitee shall give prompt written notice to the Lessee of any liability as to which an officer of such Indemnitee has actual knowledge, or reasonably should have had actual knowledge, for which the Lessee is, or may be, liable under this Article 7; PROVIDEDprovided, HOWEVERhowever, that failure to give such notice shall not terminate any of the rights of an Indemnitee under this Article 7 and shall not release Lessee from any of its obligations to indemnify such Indemnitee hereunder, except to the extent that such failure adversely affects any applicable defense or counterclaim, otherwise increases the amount the Lessee would have been liable for in the 38 absence of such failure to provide such notice or adversely affects the ability of Lessee's insurers to defend such claim.

Appears in 1 contract

Samples: Participation Agreement (Midway Airlines Corp)

Notice and Payment. Each Indemnitee shall give prompt ------------------ written notice to the Lessee of any liability as to which an officer of such Indemnitee has actual knowledge, for which the Lessee is, or may be, liable under this Article 7; PROVIDEDprovided, HOWEVERhowever, that failure to give such notice shall -------- ------- not terminate any of the rights of an Indemnitee under this Article 7 and shall not release Lessee from any of its obligations to indemnify such Indemnitee hereunder, except to the extent that such failure adversely affects any applicable defense or counterclaim, counterclaim or otherwise increases the amount the Lessee would have been liable for in the 38 absence of such failure to provide such notice or adversely affects the ability of Lessee's insurers to defend such claimnotice.

Appears in 1 contract

Samples: Participation Agreement (Midway Airlines Corp)

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