Common use of Failure to Defend Clause in Contracts

Failure to Defend. If the Indemnifying Party, within thirty (30) days after notice of any such Claim, fails to dispute the obligation of the Indemnifying Party with respect to such Claim and fails to defend such Claim actively and in good faith, then the Indemnified Party will (upon written notice to the Indemnifying Party) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party’s defense, compromise, settlement or consent to judgment therein.

Failure to Defend. If the Indemnifying Party, within thirty (30) 10 days after receipt by the Indemnifying Party of notice of any such Claim, fails to dispute Claim (or sooner if the obligation nature of the Indemnifying Party with respect to such Claim and so requires), fails to defend such Claim actively and in good faith, then the Indemnified Party will (upon written further notice to the Indemnifying Party) have the right to undertake the defense, compromise or settlement of such Claim Claim, or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party’s 's defense, compromise, settlement or consent to judgment thereinjudgment.

Failure to Defend. If the Indemnifying Party, within thirty ----------------- (30) days after notice of any such Claim, fails to dispute the obligation of the Indemnifying Party with respect to such Claim and fails to defend such Claim actively and in good faith, then the Indemnified Party will (upon written notice to the Indemnifying Party) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party’s 's defense, compromise, settlement or consent to judgment therein.

Failure to Defend. If the Indemnifying Party, within ----------------- thirty (30) days after notice of any such Claim, fails to dispute the obligation of the Indemnifying Party with respect to such Claim and fails to defend such Claim actively and in good faith, then the Indemnified Party will (upon written notice to the Indemnifying Party) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party’s 's defense, compromise, settlement or consent to judgment therein.

Failure to Defend. If the Indemnifying Party, Parties fail to assume the defense of such Claim within thirty fifteen (3015) days after receipt of notice of any such Claimthereof pursuant to this Section 8.2, fails to dispute the obligation of the Indemnifying Party with respect to such Claim and fails to defend such Claim actively and in good faith, then the Indemnified Party against which such Claim has been filed or initiated will (upon written delivering notice to such effect to the Indemnifying PartyParties) have the right to undertake undertake, at the Indemnifying Parties' cost and expense, the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, Parties and the Indemnifying Party Parties shall thereafter have no right to challenge the Indemnified Party’s 's defense, compromise, settlement or consent to judgment thereinjudgment.

Failure to Defend. If the Indemnifying Party, within thirty (30) 20 days after receipt by the Indemnifying Party of notice of any such Claim, fails to dispute Claim (or sooner if the obligation nature of the Indemnifying Party with respect to such Claim and so requires), fails to defend such Claim actively and in good faith, then the Indemnified Party will (upon written further notice to the Indemnifying Party) have the right to undertake the defense, compromise or settlement of such Claim Claim, or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party’s defense, compromise, settlement or consent to judgment thereinjudgment.

Failure to Defend. If the Indemnifying Party, within thirty (30) days a reasonable time after notice of any such Claim, fails to dispute the obligation of the Indemnifying Party with respect to such Claim and fails to defend such Claim actively and in good faith, then the Indemnified Party will (upon written further notice to and the failure of the Indemnifying PartyParty to commence the defense of such Claim within thirty (30) days after such further notice) have the right to undertake the defense, compromise or settlement of such Claim or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party’s 's defense, compromise, settlement or consent to judgment thereinjudgment.