Common use of Procedure for Notification Clause in Contracts

Procedure for Notification. To obtain indemnification under this Agreement in respect of a Claim, Indemnitee shall submit to the Company a written request therefor, including a brief description (based upon information then available to Indemnitee) of such Claim and containing the undertaking described in Section 3. The Company shall give prompt written notice of Claims to applicable insurers in accordance with the procedures set forth in the applicable policies. The Company shall provide to Indemnitee and his or her counsel a copy of such notice delivered to the applicable insurers, and copies of all subsequent correspondence between the Company and such insurers regarding the Claim, in each case substantially concurrently with the delivery or receipt thereof by the Company. The failure by Indemnitee to timely notify the Company of any Claim shall not relieve the Company from any liability hereunder unless, and only to the extent that, the Company did not otherwise learn of such Claim and such failure results in forfeiture by the Company of substantial defenses, rights or insurance coverage.

Procedure for Notification. To obtain indemnification under this Agreement in respect of a ClaimAgreement, the Indemnitee shall submit to the Company a written request therefor, including a brief description (based upon information then available to the Indemnitee) of the applicable liability and expenses. If, at the time of the receipt of such Claim request, the Company has directors' and containing officers' liability insurance in effect under which coverage for such liability and expenses is potentially available, the undertaking described in Section 3. The Company shall give prompt written notice of Claims such liability and expenses to the applicable insurers in accordance with the procedures set forth in the applicable policies. The Company shall provide to the Indemnitee and his or her counsel a copy of such notice delivered to the applicable insurers, and copies of all subsequent correspondence between the Company and such insurers regarding the Claim, in each case substantially concurrently with the delivery or receipt thereof by the Company. The failure by the Indemnitee to timely notify the Company of any Claim liability or expenses shall not relieve the Company from any liability hereunder unless, and only to the extent that, the Company did not otherwise learn of such Claim liability or expenses and such failure results in forfeiture by the Company of substantial defenses, rights rights, or insurance coverage.