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This excerpt taken from the C 10-Q filed Aug 7, 2009. Indemnification Procedure. Whenever any
claim shall arise for indemnification under this Section 8, the indemnified
Person making such claim (the “Indemnified
Person”) shall promptly notify the Party from whom indemnification
is sought (the “Indemnifying Person”)
in writing of the claim and, when known, the facts constituting the basis for
such claim; provided,
however, that the failure timely to provide such notice shall not
release the Indemnifying Person from its obligations under this Section 8 except
to the extent that the Indemnifying Person is actually prejudiced by such
failure. The notice shall specify the
amount or an estimate of the amount of the claim (if known
or capable of estimation at such time).
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