Defence of Claims. (a) The parties will render to each other all reasonable assistance in the defence of any Claim made against the other party by a third party arising out of any Incident. (b) To the extent that a party ('Responsible Party') is obliged to fully indemnify the other party ('Indemnified Party') against a Claim by a third party against the Indemnified Party, the Responsible Party: (i) may, subject only to the terms of any applicable insurance which the Indemnified Party may have, at its own expense, defend and settle any action or proceedings in the name of the Indemnified Party and execute such documents in the action or proceedings as the Responsible Party sees fit; and (ii) will indemnify the Indemnified Party in respect of all costs, expenses and losses that the Indemnified Party may incur or have incurred on account of the action or proceedings.
Appears in 2 contracts
Sources: Track Access Agreement, Track Access Agreement
Defence of Claims. (a) The parties will Each party must render to each the other all reasonable assistance in the defence of any Claim made against the other a party by a third party arising out of any IncidentIncident or other event or events giving rise to a Claim.
(b) To the extent that a party ('Responsible Party'responsible party) is obliged to fully indemnify the other party ('Indemnified Party'indemnified party) against a Claim by a third party against the Indemnified Partyindemnified party, the Responsible Party:
(i) responsible party may, subject only to the terms of any applicable insurance which the Indemnified Party indemnified party may have, at its own expense, expense defend and settle any action or proceedings in the name of the Indemnified Party indemnified party and execute such documents in the action or proceedings as the Responsible Party responsible party sees fit; and
(ii) will indemnify . The responsible party indemnifies the Indemnified Party indemnified party in respect of all costs, expenses and losses that Liabilities which the Indemnified Party indemnified party may incur or have incurred on account of the action or proceedings.
Appears in 1 contract
Sources: Commercial Track Access Agreement
Defence of Claims. (a) The parties will render to each other all reasonable assistance in the defence of any Claim made against the other party by a third party arising out of any Incident.
(b) To the extent that a party ('Responsible Party') is obliged to fully indemnify the other party ('Indemnified Party') against a Claim by a third party against the Indemnified Party, the Responsible Party:
(i) may, subject only to the terms of any applicable insurance which the Indemnified Party may have, at its own expense, defend and settle any action or proceedings in the name of the Indemnified Party and execute such documents in the action or proceedings as the Responsible Party sees fit.; and
(ii) will indemnify the Indemnified Party in respect of all costs, expenses and losses that the Indemnified Party may incur or have incurred on account of the action or proceedings.
Appears in 1 contract
Sources: Track Access Agreement
Defence of Claims. (a) The parties will shall render to each other all reasonable assistance in the defence of any Claim made against the other party by a third party arising out of any Incident.
(b) To the extent that a party ('Responsible Party') is obliged to fully indemnify the other party ('Indemnified Party') against a Claim by a third party against the Indemnified Party, the Responsible Party:;
(i) may, subject only to the terms of any applicable insurance which the Indemnified Party may have, at its own expense, defend and settle any action or proceedings in the name of the Indemnified Party and execute such documents in the action or proceedings as the Responsible Party sees fit; and.
(ii) will shall indemnify the Indemnified Party in respect of all costs, expenses and losses that the Indemnified Party may incur or have incurred on account of the action or proceedings.
Appears in 1 contract
Sources: Track Access Agreement
Defence of Claims. (a1) The parties will Each party must render to each the other party all reasonable assistance in the defence of any Claim claim made against the other a party by a third party arising out of any IncidentIncident or other event or events giving rise to a Claim.
(b2) To the extent that a party ('Responsible Party') is obliged to fully indemnify the other party ('Indemnified Party') against a Claim by a third party against the Indemnified Party, the Responsible Party:
(i) Party may, subject only to the terms of any applicable insurance which the Indemnified Party may have, at its own expense, defend and settle any action or proceedings in the name of the Indemnified Party and execute such documents in the action or proceedings as the Responsible Party sees fit; and
(ii) will indemnify . The Responsible Party indemnifies the Indemnified Party in respect of all costs, expenses and losses that which the Indemnified Party may incur or have incurred on account of the action or proceedings.
Appears in 1 contract
Sources: Track Access Agreement
Defence of Claims. (a) The parties will shall render to each other all reasonable assistance in the defence of any Claim made against the other party by a third party arising out of any Incident.
(b) To the extent that a party ('Responsible Party') is obliged to fully indemnify the other party ('Indemnified Party') against a Claim by a third party against the Indemnified Party, the Responsible Party:Party ;
(i) may, subject only to the terms of any applicable insurance which the Indemnified Party may have, at its own expense, defend and settle any action or proceedings in the name of the Indemnified Party and execute such documents in the action or proceedings as the Responsible Party sees fit; and. The Responsible Party indemnifies
(ii) will shall indemnify the Indemnified Party in respect of all costs, expenses and losses that the Indemnified Party may incur or have incurred on account of the action or proceedings.
Appears in 1 contract
Sources: Track Access Agreement
Defence of Claims. (a) The parties will render to each other all reasonable assistance in the defence of any Claim made against the other party by a third party arising out of any Incident.
(b) To the extent that a party ('Responsible Party') is obliged to fully indemnify the other party ('Indemnified Party') against a Claim by a third party against the Indemnified Party, the Responsible Party:
(i) may, subject only to the terms of any applicable insurance which the Indemnified Party may have, at its own expense, defend and settle any action or proceedings in the name of the Indemnified Party and execute such documents in the action or proceedings as the Responsible Party sees fit; and.
(ii) will indemnify the Indemnified Party in respect of all costs, expenses and losses that the Indemnified Party may incur or have incurred on account of the action or proceedings.
Appears in 1 contract
Sources: Track Access Agreement
Defence of Claims. (a) The parties will render to each other all reasonable assistance in the defence of any Claim made against the other party by a third party arising out of any Incident.
(b) To the extent that a party ('Responsible Party') is obliged to fully indemnify the other party ('Indemnified Party') against a Claim by a third party against the Indemnified Party, the Responsible Party:;
(i) may, subject only to the terms of any applicable insurance which the Indemnified Party may have, at its own expense, defend and settle any action or proceedings in the name of the Indemnified Party and execute such documents in the action or proceedings as the Responsible Party sees fit; and.
(ii) will indemnify the Indemnified Party in respect of all costs, expenses and losses that the Indemnified Party may incur or have incurred on account of the action or proceedings.
Appears in 1 contract
Sources: Track Access Agreement
Defence of Claims. β
(a) The parties will Each party must render to each the other all reasonable assistance in the defence of any Claim made against the other a party by a third party arising out of any IncidentIncident or other event or events giving rise to a Claim.
(b) To the extent that a party ('Responsible Party'responsible party) is obliged to fully indemnify the other party ('Indemnified Party'indemnified party) against a Claim by a third party against the Indemnified Partyindemnified party, the Responsible Party:
(i) responsible party may, subject only to the terms of any applicable insurance which the Indemnified Party indemnified party may have, at its own expense, expense defend and settle any action or proceedings in the name of the Indemnified Party indemnified party and execute such documents in the action or proceedings as the Responsible Party responsible party sees fit; and
(ii) will indemnify . The responsible party indemnifies the Indemnified Party indemnified party in respect of all costs, expenses and losses that Liabilities which the Indemnified Party indemnified party may incur or have incurred on account of the action or proceedings.
Appears in 1 contract
Sources: Track Access Agreement
Defence of Claims. (a) The parties will shall render to each other all reasonable assistance in the defence of any Claim made against the other party by a third party arising out of any Incident.
(b) To the extent that a party ('Responsible Party') is obliged to fully indemnify the other party ('Indemnified Party') against a Claim by a third party against the Indemnified Party, the Responsible Party:
(i) Party may, subject only to the terms of any applicable insurance which the Indemnified Party may have, at its own expense, expense defend and settle any action or proceedings in the name of the Indemnified Party and execute such documents in the action or proceedings as the Responsible Party sees fit; and
(ii) will indemnify . The Responsible Party indemnifies the Indemnified Party in respect of all costs, expenses and losses that the Indemnified Party may incur or have incurred on account of the action or proceedings.
Appears in 1 contract
Sources: Track Access Agreement