Common use of Procedure for Notification and Defense of Claim Clause in Contracts

Procedure for Notification and Defense of Claim. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company a written request therefor, and, if Indemnitee so chooses pursuant to Section 12 of this Agreement, such written request shall also include a request for Indemnitee to have the right to indemnification determined by Independent Counsel. The omission by Indemnitee to notify the Company hereunder will not relieve the Company from any liability which it may have to Indemnitee hereunder, under the Charter, the Bylaws, any resolution of the Board providing for indemnification or otherwise, and any delay in so notifying the Company shall not constitute a waiver by Indemnitee of any rights under this Agreement. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board in writing that Indemnitee has requested indemnification. (b) The Company will be entitled to participate in any Proceeding at its own expense.

Procedure for Notification and Defense of Claim. (a) To obtain indemnification under this Agreement, Indemnitee shall submit to the Company Corporation a written request therefor, and, if Indemnitee so chooses pursuant to Section 12 11 of this Agreement, such written request shall also include a request for Indemnitee to have the right to indemnification determined by Independent Counsel. The omission by Indemnitee to notify the Company Corporation hereunder will not relieve the Company Corporation from any liability which it may have to Indemnitee hereunder, under the Charter, the Bylaws, any resolution of the Board providing for indemnification or otherwise, and any delay in so notifying the Company Corporation shall not constitute a waiver by Indemnitee of any rights under this Agreement. The Secretary of the Company Corporation shall, promptly upon receipt of such a request for indemnification, advise the Board in writing that Indemnitee has requested indemnification. (b) The Company Corporation will be entitled to participate in any Proceeding at its own expense.

Procedure for Notification and Defense of Claim. (a) To obtain indemnification or advancement of Expenses under this Agreement, Indemnitee shall submit to the Company a written request therefor, and, if Indemnitee so chooses pursuant coupled with appropriate documentation to Section 12 of this Agreement, such written request shall also include a request for Indemnitee to have support the right to indemnification determined by Independent Counselrequest. The omission by Indemnitee to notify the Company hereunder will not relieve the Company from any liability which it may have to Indemnitee hereunder, under the CharterArticles, the Bylaws, any resolution of the Board providing for indemnification or otherwise, and any delay in so notifying the Company shall not constitute a waiver by Indemnitee of any rights under this Agreement. The Secretary of the Company shall, promptly upon receipt of such a request for indemnification, advise the Board in writing that Indemnitee has requested indemnification. * Bracketed provisions to be included in indemnification agreements between the Company and the Sponsor Indemnitors’ designees. (b) The Company will be entitled to participate in any Proceeding at its own expense.