Delivery of Acknowledgment. Within 30 days from the date of receipt by indemnitor from any indemnitee of a request to defend (which request shall refer to such 30-day time period), indemnitor must acknowledge in a writing its duty to defend and that such claim is covered in its entirety by this Agreement (the "Acknowledgment") or if in the judgment of the indemnitor such claim is not covered in its entirety by this Agreement, the statement of indemnitor to such effect including its reasons for such judgment in reasonable detail; provided, however, that until the Indemnitee receives the Acknowledgment, the Indemnitee shall be entitled to defend such claim and Indemnitor shall be bound in the manner set forth in Section 5(d) hereof.
Appears in 5 contracts
Sources: Indemnity Agreement (Lakes Entertainment Inc), Indemnity Agreement (Lakes Entertainment Inc), Indemnity Agreement (Lakes Entertainment Inc)