Common use of Failure to Give Timely Notice Clause in Contracts

Failure to Give Timely Notice. A failure by a Company Indemnified Party to give timely, complete or accurate notice as provided in this Article XI will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such was actually damaged as a result of such failure to give timely notice.

Appears in 2 contracts

Sources: Merger Agreement (Us Geothermal Inc), Merger Agreement (Us Geothermal Inc)

Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI Section 8.5(c) will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually directly damaged as a direct result of such failure to give timely notice.

Appears in 1 contract

Sources: Asset Purchase Agreement (Dolan Media CO)

Failure to Give Timely Notice. A failure by a Company Indemnified Party an indemnitee to give timely, complete or accurate notice as provided in this Article XI X will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such was actually damaged damages as a result of such failure to give timely notice.

Appears in 1 contract

Sources: Asset Purchase Agreement (Axsys Technologies Inc)

Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI Paragraph 2(a) will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure to give timely notice.

Appears in 1 contract

Sources: Hazardous Substance Indemnification Agreement (Corporate Realty Income Fund I L P)

Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI VII will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually materially damaged as a result of such failure to give timely noticenotice vis à vis its rights and obligations hereunder or otherwise.

Appears in 1 contract

Sources: Equity Purchase Agreement (Air T Inc)

Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI 11 will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure to give timely notice.

Appears in 1 contract

Sources: Contribution Agreement (Luminant Worldwide Corp)

Failure to Give Timely Notice. A failure by a Company Buyer Indemnified Party or a Seller Indemnified Party to give timely, complete or accurate notice as provided in this Article XI ARTICLE VI will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually materially damaged as a result of such failure to give timely noticenotice vis-à-vis its rights and obligations hereunder or otherwise.

Appears in 1 contract

Sources: Asset Purchase Agreement (Fti Consulting Inc)

Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI IX will not affect the rights or obligations of any party the Indemnifying Party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually deprived of its right to recover any payment under its applicable insurance coverage or was otherwise materially damaged as a result of such failure to give timely notice.

Appears in 1 contract

Sources: Asset Purchase Agreement (OneTravel Holdings, Inc.)

Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI ARTICLE X will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually materially damaged as a result of such failure to give timely noticenotice vis à vis its rights and obligations hereunder or otherwise.

Appears in 1 contract

Sources: Agreement and Plan of Merger (Red White & Bloom Brands Inc.)

Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI SECTION 3.12 will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually deprived of its right to recover any payment under its applicable insurance coverage or was otherwise directly and materially damaged as a result of such failure to give timely notice.

Appears in 1 contract

Sources: Stock Purchase Agreement (Zebra Technologies Corp/De)

Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI Section 7.5(c) will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually damaged prejudiced as a direct result of such failure to give timely notice.

Appears in 1 contract

Sources: Asset Purchase Agreement (Dolan Media CO)

Failure to Give Timely Notice. A failure by a Company an Indemnified Party to give timely, complete or accurate notice as provided in this Article XI Section 9.2(c) will not affect the rights or obligations of any party hereunder except and only to the extent that, as a result of such failure, any party entitled to receive such notice was actually directly damaged as a direct result of such failure to give timely notice.

Appears in 1 contract

Sources: Membership Interests Purchase Agreement (Dolan Media CO)