Reject the Tender of the Defense. If the Non-Tendering Party decides that the Third Party Claim is an Improper Claim, the Non-Tendering Party shall reject the tender of the defense. In such an event, the Non-Tendering Party shall submit such Third Party Claim to arbitration immediately in order determine whether it is a Proper Claim. While the arbitration is pending, the Tendering Party shall control all aspects of the defense of such Third Party Claim. If the decision of the arbitrator(s) is that it is:
Appears in 5 contracts
Samples: Asset Purchase Agreement (American Home Food Products, Inc.), Membership Interest Purchase Agreement (American Home Food Products, Inc.), Asset Purchase Agreement (Innovaro, Inc.)
Reject the Tender of the Defense. If the Non-Tendering Party decides that the Third Party Claim is an Improper Claim, the Non-Tendering Party shall may reject the tender of the defense. In such an event, the Non-Tendering Party shall submit such Third Party Claim to arbitration immediately in order determine whether it is a Proper Claim. While the arbitration is pending, the Tendering Party shall control all aspects of the defense of such Third Party Claim. If the decision of the arbitrator(s) is that it such Third Party Claim is:
Appears in 2 contracts
Samples: Master Purchase Agreement (Checkpoint Systems Inc), Master Purchase Agreement (Checkpoint Systems Inc)
