Common use of Failure to Defend Clause in Contracts

Failure to Defend. If Seller fails to assume the defense of a claim meriting indemnification, Buyer may at the expense of Seller contest, settle or pay such claim, and shall promptly reimburse Buyer for all costs incurred by Buyer associated therewith.

Appears in 20 contracts

Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Failure to Defend. If Seller fails to assume the defense of a claim meriting indemnification, Buyer may at the expense of Seller contest, settle or pay such claim, and shall promptly reimburse Buyer for all costs incurred by Buyer associated therewith.

Appears in 8 contracts

Sources: Power Purchase Agreement, Power Purchase Agreement, Power Purchase Agreement

Failure to Defend. If Seller fails to assume the defense of a claim meriting indemnification, Buyer may at the expense of Seller contest, settle or pay such claim, and shall promptly reimburse Buyer for all costs incurred by Buyer associated therewith.claim.‌

Appears in 2 contracts

Sources: Power Purchase Agreement, Power Purchase Agreement

Failure to Defend. If Seller fails to assume the defense of a claim meriting indemnification, Buyer may at the expense of Seller contest, settle or pay such claim, and Seller shall promptly reimburse Buyer for all costs incurred by Buyer associated therewith.therewith.‌‌‌

Appears in 1 contract

Sources: Power Purchase Agreement

Failure to Defend. If Seller fails to assume the defense of a claim meriting indemnification, Buyer may at the expense of Seller contest, settle or pay such claim, and Seller shall promptly reimburse Buyer for all costs incurred by Buyer associated therewith.

Appears in 1 contract

Sources: Power Purchase Agreement

Failure to Defend. If Seller fails to assume the defense of a claim meriting indemnification, Buyer may at the expense of Seller contest, settle or pay such claim, and Seller shall promptly reimburse Buyer for all costs incurred by Buyer associated therewith.therewith.‌

Appears in 1 contract

Sources: Power Purchase Agreement