Third Person Claim definition

Third Person Claim has the meaning specified in Section 11.4(a).

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Third Person Claim shall have the meaning set forth in Section 10.6(a).

Third Person Claim shall have the meaning given such term in Section 11.4(c).

Examples of Third Person Claim in a sentence

• The Parties shall make available to each other all relevant information in their possession relating to any such Third Person Claim and shall cooperate in the defense thereof.

• The Indemnified Party may thereafter participate in (but not control) the defense of any such Third Person Claim with its own counsel at its own expense, unless separate representation is necessary to avoid a conflict of interest, in which case such representation shall be at the expense of the Indemnifying Party.

• If the Indemnifying Party thereafter seeks to question the manner in which the Indemnified Party defended such Third Person Claim or the amount or nature of any such settlement, the Indemnifying Party shall have the burden to prove by clear and convincing evidence that conduct of the Indemnified Party in the defense and/or settlement of such Third Person Claim constituted gross negligence or willful misconduct.

• That notice shall be accompanied by copies of all available relevant documentation with respect to that Third Person Claim, including any summons, complaint or other pleading which may have been served, any written demand or any other related document or instrument.

• If the Indemnified Party joins in defending in any such Third Person Claim, the Indemnifying Party shall have full authority to determine all action to be taken with respect thereto.

More Definitions of Third Person Claim

Third Person Claim is defined in Section 8.3(a)(i).

Third Person Claim means a claim by, or an Action instituted by, a Person not a party to this Agreement or not an Affiliate of a party to this Agreement.

Third Person Claim is defined in Section 9.5(c).

Third Person Claim shall have the meaning set forth in Section 8.4(a) (Third Person Claim Indemnification Mechanics).

Third Person Claim shall have the meaning set forth in Section 16.2 hereof.

Third Person Claim means any Proceeding by any Person who is not a party to this Agreement or an Affiliate of a party to this Agreement.

Third Person Claim means any Action that is instituted against an Indemnified Person by a Person other than an Indemnifying Person and which, if prosecuted successfully, would result in Losses for which such Indemnified Person is entitled to indemnification under Section 11.