Common use of Failure to Give Timely Notice Clause in Contracts

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX will not affect the rights or obligations of any Party hereunder except and only to the extent that, as a result of such failure, any Party entitled to receive such notice was actually and materially prejudiced as a result of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwise.

Failure to Give Timely Notice. A The failure by an Indemnified Party to give timely, complete or accurate timely notice as provided in under this Article IX 9 will not affect the rights or obligations of any Party hereunder except to the extent (and only to the extent extent) that, as a result of such failure, any the Party that was entitled to receive such notice suffered serious damage or was actually and otherwise materially adversely prejudiced as a result in the defence of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwiseclaim.

Failure to Give Timely Notice. A failure by an a Company Indemnified Party to give timely, complete or accurate notice as provided in this Article IX XI will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually and materially prejudiced damaged as a result of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwisenotice.

Failure to Give Timely Notice. A The failure by an Indemnified Party to give timely, complete or accurate timely notice as provided in under this Article IX VIII will not affect the rights or obligations of any Party hereunder except to the extent (and only to the extent extent) that, as a result of such failure, any the Party that was entitled to receive such notice suffered serious damage or was actually and otherwise materially adversely prejudiced as a result in the defence of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwiseclaim.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX Paragraph 2.(c) will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially prejudiced damaged as a result of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwisenotice.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX Section 8.5(c) will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually and materially prejudiced directly damaged as a direct result of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwisenotice.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX Paragraph 2(a) will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially prejudiced damaged as a result of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwisenotice.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX VII will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually and materially prejudiced damaged as a result of such failure to give timely notice vis-vis à -vis vis its rights and obligations hereunder or otherwise.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX Section 7.5(c) will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually and materially prejudiced as a direct result of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwisenotice.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article ARTICLE IX will not affect the rights or obligations of any the Indemnifying Party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually and deprived of its right to recover any payment under its applicable insurance coverage or was otherwise materially prejudiced damaged as a result of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwisenotice.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX VII will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually and materially prejudiced damaged as a result of such failure to give timely notice vis-à -vis its rights notice. Notwithstanding the foregoing, the parties hereby acknowledge and obligations hereunder or otherwiseagree that nothing in this Section 7.5 shall be deemed to extend any of the time periods set forth in Section 7.1 with respect to the survival of representations and warranties.

Failure to Give Timely Notice. A ‌ The failure by an Indemnified Party to give timely, complete or accurate timely notice as provided in this Article IX will not affect the rights or obligations of any Party hereunder except and only to the extent that, as a result of such failure, any the Party that was entitled to receive such notice suffered damage or was actually and materially prejudiced as a result of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwiseotherwise prejudiced.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX Sections 7.2 or 7.3 will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually deprived of his, her or its right to recover any payment under his, her or its applicable insurance coverage or was otherwise directly and materially prejudiced damaged as a result of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwisenotice.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually and materially prejudiced damaged as a result of such failure to give timely notice vis-à -vis its rights notice. Notwithstanding the foregoing, the parties hereby acknowledge and obligations hereunder or otherwiseagree that nothing in this Section 9.07 shall be deemed to extend any of the time periods set forth in Section 9.01 with respect to the survival of representations and warranties.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX Section will not affect the rights or obligations of any Party hereunder except and only to the extent that, as a result of such failure, any Indemnifying Party entitled to receive such notice was actually and deprived of its right to recover payment under its applicable insurance coverage or was otherwise directly or materially prejudiced or damaged as a result of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwisenotice.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate timely notice as provided in this Article IX VII will not affect the rights or obligations of any Party hereunder except and only to the extent that, as a result of such failure, any Party entitled to receive such notice was actually and materially prejudiced as a result of such failure to give timely notice vis-à -vis à-vis its rights and obligations hereunder or otherwise.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX will not affect the rights or obligations of any the Indemnifying Party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually and deprived of its right to recover any payment under its applicable insurance coverage or was otherwise materially prejudiced damaged as a result of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwisenotice.

Failure to Give Timely Notice. A failure by an a Buyer Indemnified Party or a Seller Indemnified Party to give timely, complete or accurate notice as provided in this Article IX ARTICLE VI will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually and materially prejudiced damaged as a result of such failure to give timely notice vis-à -vis à-vis its rights and obligations hereunder or otherwise.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate timely notice as provided in this Article IX will 7 shall not affect the rights or obligations of any the Indemnifier or Indemnified Party hereunder except and only to the extent that, as a result of such failure, any Party such party which was entitled to receive such notice was actually deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially prejudiced damaged as a result of such failure to give timely notice vis-à -vis its or whose rights and obligations hereunder or otherwisewere materially prejudiced by such failure.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX Section 9.2(c) will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually and materially prejudiced directly damaged as a direct result of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwisenotice.

Failure to Give Timely Notice. A failure by an Indemnified Party the indemnified party to give timely, complete or accurate notice as provided in this Article IX ARTICLE X will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually and materially prejudiced damaged as a result of such failure to give timely notice vis-à -vis its rights notice. Notwithstanding the foregoing, the parties hereby acknowledge and obligations hereunder or otherwiseagree that nothing in this Section 10.4 shall be deemed to extend any of the time periods set forth in Section 10.1 with respect to the survival of representations and warranties.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX Section 10.4 will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually and materially prejudiced damaged as a direct result of such failure to give timely notice vis-à -vis its rights and obligations hereunder or otherwisenotice.

Failure to Give Timely Notice. A failure by an Indemnified Party to give timely, complete or accurate notice as provided in this Article IX ARTICLE X will not affect the rights or obligations of any Party party hereunder except and only to the extent that, as a result of such failure, any Party party entitled to receive such notice was actually and materially prejudiced damaged as a result of such failure to give timely notice vis-vis à -vis vis its rights and obligations hereunder or otherwise.