Common use of Indemnification Procedures for Third Party Claims Clause in Contracts

Indemnification Procedures for Third Party Claims. (i) If a third party commences a lawsuit or arbitration (a "Third-Party Claim") against any Person (the "Indemnified Party") with respect to any matter that the Indemnified Party might make a claim for indemnification against any party (the "Indemnifying Party") under this Section 9, then the Indemnified Party must notify the Indemnifying Party thereof in writing of the existence of such Third-Party Claim and must deliver copies of any documents served on the Indemnified Party with respect to the Third-Party Claim; provided, however, that any failure to notify the Indemnifying Party or deliver copies will not relieve the Indemnifying Party from any obligation hereunder unless (and then solely to the extent) the Indemnifying Party is materially prejudiced by such failure.

Appears in 8 contracts

Samples: Marketing Agreement (RBX Industries Inc), Marketing Agreement (RBX Industries Inc), Marketing Agreement (RBX Corp)

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Indemnification Procedures for Third Party Claims. (ia) If a any third party commences a lawsuit shall notify any party entitled to indemnification pursuant to Section 8.1 or arbitration (a "Third-Party Claim") against any Person 8.2 (the "Indemnified Party") with respect to any matter involving a third party (a “Third Party Claim”) that the Indemnified Party might make is reasonably expected to give rise to a claim for indemnification against any the other party (the "Indemnifying Party") under this Section 98.1 or 8.2, then the Indemnified Party must shall promptly (and in any event within five (5) Business Days after receiving notice of the Third Party Claim) notify the Indemnifying Party thereof in writing of the existence of such Third-Party Claim and must deliver copies of any documents served on the Indemnified Party with respect to the Third-Party Claim; provided, however, that any failure writing. Failure to notify the Indemnifying Party or deliver copies will shall not relieve the Indemnifying Party from of any obligation hereunder unless (and then solely liability that it may have to the extent) Indemnified Party, except to the Indemnifying Party extent the defense of such claim is materially prejudiced by the Indemnified Party’s failure to give such failurenotice.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (Emerge Energy Services LP), Purchase and Sale Agreement (Emerge Energy Services LP)

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Indemnification Procedures for Third Party Claims. (ia) If a any third party commences a lawsuit shall notify any party entitled to indemnification pursuant to Section 9.1 or arbitration (a "Third-Party Claim") against any Person 9.2 (the "Indemnified Party") with respect to any matter that the Indemnified claim involving a third party (a “Third Party might make Claim”) in respect of which such party determines to assert a claim for indemnification against any the other party (the "Indemnifying Party") under this Section 99.1 or 9.2, then the Indemnified Party must shall promptly (and in any event within 10 Business Days after receiving notice of the Third Party Claim) notify the Indemnifying Party thereof in writing of the existence of such Third-Party Claim and must deliver copies of any documents served on the Indemnified Party with respect to the Third-Party Claim; provided, however, that any failure writing. Failure to notify the Indemnifying Party or deliver copies will shall not relieve the Indemnifying Party from of any obligation hereunder unless (and then solely liability that it may have to the extent) Indemnified Party, except to the Indemnifying Party extent the defense of such claim is actually materially prejudiced by the Indemnified Party’s failure to give such failurenotice.

Appears in 1 contract

Samples: Escrow Agreement (Wabash National Corp /De)

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