Common use of Notice of Fixed Loss Clause in Contracts

Notice of Fixed Loss. When a Loss as to which a notice has been timely given in accordance with Section 11.4(a) is paid or is otherwise fixed or determined, then the Indemnified Party will give the Indemnifying Party notice of such Loss, in reasonable detail and specifying the amount of such Loss and the provision of this Agreement upon which the claim for indemnification for such Loss is based (which notice will be in addition to the notice required under Section 11.4(a) and, if applicable, Section 11.4(b)(i), but the notices under this Section 11.4(c) and under Section 11.4(a) and, if applicable, Section 11.4(b)(i) may be given simultaneously and in a single instrument when appropriate and in compliance with all such provisions). If the Indemnifying Party is permitted to dispute such claim, it will, within thirty (30) days after receipt of notice of the claim of Loss against it pursuant to this Section 11.4(c), give counternotice, setting forth the basis for disputing such claim, to the Indemnified Party. If no such counternotice is given within such thirty-day period or if the Indemnifying Party acknowledges liability for indemnification, then such Loss will be satisfied within five (5) Business Days as provided in Section 11.4(d). If the Indemnifying Party timely gives counternotice of a dispute, the Indemnified Party and the Indemnifying Party shall endeavor to resolve such dispute in accordance with Section 8.5.

Appears in 2 contracts

Samples: Limited Liability Company Agreement (Plum Creek Timber Co Inc), Limited Liability Company Agreement (Plum Creek Timber Co Inc)

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Notice of Fixed Loss. When a Loss as to which a notice has been timely given in accordance with Section 11.4(a10.5(a) is paid or is otherwise fixed or determined, then the Indemnified Party will give the Indemnifying Party notice of such Loss, in reasonable detail and specifying the amount of such Loss and the provision of this Agreement upon which the claim for indemnification for such Loss is based (which notice will be in addition to the notice required under Section 11.4(a) and, if applicable, Section 11.4(b)(i10.5(a), but the notices under this Section 11.4(c10.5(d) and under Section 11.4(a) and, if applicable, Section 11.4(b)(i10.5(a) may be given simultaneously and in a single instrument when appropriate and in compliance with all such both provisions). If the Indemnifying Party is permitted to dispute such claim, it will, within thirty (30) 30 days after receipt of notice of the claim of Loss against it pursuant to this Section 11.4(c10.5(d), give counternotice, setting forth the basis for disputing such claim, to the Indemnified Party. If no such counternotice is given within such thirty-day period or if the Indemnifying Party acknowledges liability for indemnification, then such Loss will be satisfied within five three (53) Business Days as provided in Section 11.4(d10.5(e). If the Indemnifying Party timely gives counternotice of a dispute, the Indemnified Party and the Indemnifying Party shall endeavor to resolve such dispute in accordance with Section 8.57.4.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Potlatch Corp), Purchase and Sale Agreement (Forestar Group Inc.)

Notice of Fixed Loss. When a Loss as to which a notice has been timely given in accordance with Section 11.4(a8.6(a) is paid or is otherwise fixed or determined, then the Indemnified Party will give the Indemnifying Party notice of such Loss, in reasonable detail and specifying the amount of such Loss and the provision of this Agreement upon which the claim for indemnification for such Loss is based (which notice will be in addition to the notice required under Section 11.4(a) and, if applicable, Section 11.4(b)(i8.6(a), but the notices under this Section 11.4(c8.6(d) and under Section 11.4(a) and, if applicable, Section 11.4(b)(i8.6(a) may be given simultaneously and in a single instrument when appropriate and in compliance with all such both provisions). If the Indemnifying Party is permitted to dispute such claim, it will, within thirty (30) days after receipt of notice of the claim of Loss against it pursuant to this Section 11.4(c8.6(d), give counternotice, setting forth the basis for disputing such claim, to the Indemnified Party. If no such counternotice is given within such thirty-thirty (30) day period or if the Indemnifying Party acknowledges liability for indemnificationits obligation to indemnify, then such Loss will be satisfied within five (5) three Business Days as provided in Section 11.4(d8.6(e). If the Indemnifying Party timely gives counternotice of a dispute, the Indemnified Party and the Indemnifying Party shall endeavor to resolve such dispute in accordance with Section 8.56.4.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Forestar Group Inc.), Purchase and Sale Agreement (Forestar Group Inc.)

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Notice of Fixed Loss. When a Loss as to which a notice has been timely given in accordance with Section 11.4(a10.5(a) is paid or is otherwise fixed or determined, then the Indemnified Party will give the Indemnifying Party notice of such Loss, in reasonable detail and specifying the amount of such Loss and the provision of this Agreement upon which the claim for indemnification for such Loss is based (which notice will be in addition to the notice required under Section 11.4(a) and, if applicable, Section 11.4(b)(i10.5(a), but the notices under this Section 11.4(c10.5(d) and under Section 11.4(a) and, if applicable, Section 11.4(b)(i10.5(a) may be given simultaneously and in a single instrument when appropriate and in compliance with all such both provisions). If the Indemnifying Party is permitted to dispute such claim, it will, within thirty (30) 30 days after receipt of notice of the claim of Loss against it pursuant to this Section 11.4(c10.5(d), give counternotice, setting forth the basis for disputing such claim, to the Indemnified Party. If no such counternotice is given within such thirty-day period or if the Indemnifying Party acknowledges liability for indemnification, then such Loss will be satisfied within five (5) three Business Days as provided in Section 11.4(d10.5(e). If the Indemnifying Party timely gives counternotice of a dispute, the Indemnified Party and the Indemnifying Party shall endeavor to resolve such dispute in accordance with Section 8.57.5.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Forestar Group Inc.)

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