Common use of Procedure Where No Notice of Election Is Delivered Clause in Contracts

Procedure Where No Notice of Election Is Delivered. If the Supplier does not deliver a Notice of Election within the Notice Period, the VITA Indemnitee may proceed to defend the claim in such manner as it may reasonably deem appropriate, at the cost and expense of the Supplier. The Supplier will promptly reimburse the VITA Indemnitee for all Losses related to such claim. The VITA Indemnitee may settle any such claim without the consent of the Supplier. If it is determined that the Supplier failed to defend a claim for which it was liable, the Supplier will not be entitled to challenge the amount of any settlement or compromise paid by the VITA Indemnitee.