Common use of City’s Right to Defense Clause in Contracts

City’s Right to Defense. The City shall have the right to approve legal counsel retained by Xxxxxxxxx to defend any claim, action or proceeding which Developer is obligated to defend pursuant to Section 14.1, which approval shall not be unreasonably withheld, conditioned or delayed. If any conflict of interest results during the mutual representation of the City and Developer in defense of any such action, or if the City is reasonably dissatisfied with legal counsel retained by Developer, the City shall have the right (a) at Developer’s costs and expense, to have the City Attorney undertake and continue the City’s defense, or (b) with Developer’s approval, which shall not be reasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City’s defense.

Appears in 7 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

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City’s Right to Defense. The City shall have the right to approve legal counsel retained by Xxxxxxxxx Developer to defend any claim, action or proceeding which Developer is obligated to defend pursuant to Section 14.114.1.1, which approval shall not be unreasonably withheld, conditioned or delayed. If any conflict of interest results during the mutual representation of the City and Developer in defense of any such action, or if the City is reasonably dissatisfied with legal counsel retained by Developer, the City shall have the right (a) at Developer’s costs and expense, to have the City Attorney undertake and continue the City’s defense, or (b) with Developer’s approval, which shall not be reasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City’s defense.

Appears in 7 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

City’s Right to Defense. The City shall have the right to approve legal counsel retained by Xxxxxxxxx Developer to defend any claim, action or proceeding which Developer is obligated to defend pursuant to Section 14.114.1.1, which approval shall not be unreasonably withheld, conditioned or delayed. If any conflict of interest results during the mutual representation of the City and Developer in defense of any such action, or if the City is reasonably dissatisfied with legal counsel retained by Developer, the City shall have the right right, (a) at Developer’s costs and expense, to have the City Attorney undertake and continue the City’s defense, or (b) with Developer’s approval, which shall not be reasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City’s defense.

Appears in 3 contracts

Samples: Development Agreement, Development Agreement, Development Agreement

City’s Right to Defense. The City shall have the right to approve legal counsel retained by Xxxxxxxxx Developer to defend any claim, action or proceeding which Developer is obligated to defend pursuant to Section 14.114.1.1, which approval shall not be unreasonably withheld, conditioned or delayed. If any conflict of interest results during the mutual representation of the City and Developer in defense of any such action, or if the City is reasonably dissatisfied with legal counsel retained by Developer, the City shall have the right (a) at Developer’s Developer‟s costs and expense, to have the City Attorney undertake and continue the City’s City‟s defense, or (b) with Developer’s Developer‟s approval, which shall not be reasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City’s City‟s defense.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

City’s Right to Defense. The City shall have the right to approve legal counsel retained by Xxxxxxxxx Developer to defend any claim, action or proceeding which Developer is obligated to defend pursuant to Section 14.114.1.1, which approval shall not be unreasonably withheld, conditioned withheld or delayed. If In the event that any conflict of interest results during the mutual representation of the City and Developer in defense of any such action, or if in the City is reasonably dissatisfied event of the City’s reasonable dissatisfaction with legal counsel retained by Developer, the City shall have the right right (a) at Developer’s costs cost and expense, to have the City Attorney undertake and continue with the City’s defense, or (b) with Developer’s approval, which shall not be reasonably unreasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City’s defense.

Appears in 2 contracts

Samples: Development Agreement, Development Agreement

City’s Right to Defense. The City shall have the right to approve legal counsel retained by Xxxxxxxxx to defend any claim, action or proceeding which Developer is obligated to defend pursuant to Section 14.1, which approval shall not be unreasonably withheld, conditioned or delayed. If any conflict of interest results during the mutual representation of the City and Developer in defense of any such action, or if the City is reasonably dissatisfied with legal counsel retained by Developer, the City shall have the right (a) at Developer’s Developer‟s costs and expense, to have the City Attorney undertake and continue the City’s City‟s defense, or (b) with Developer’s Developer‟s approval, which shall not be reasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City’s City‟s defense.

Appears in 1 contract

Samples: Development Agreement

City’s Right to Defense. The City shall have the right to approve legal counsel retained by Xxxxxxxxx any Developer to defend any claim, action or proceeding which such Developer is obligated to defend pursuant to Section 14.1, which approval shall not be unreasonably withheld, conditioned or delayed. If any conflict of interest results during the mutual representation of the City and the applicable Developer in defense of any such action, or if the City is reasonably dissatisfied with legal counsel retained by such Developer, the City shall have the right (a) at such Developer’s costs and expense, to have the City Attorney undertake and continue the City’s defense, or (b) with such Developer’s approval, which shall not be reasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City’s defense.

Appears in 1 contract

Samples: Development Agreement

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City’s Right to Defense. The City shall have the right to approve legal counsel retained by Xxxxxxxxx to defend any claim, action or proceeding which Developer is obligated to defend pursuant to Section 14.1, which approval shall not be unreasonably withheld, conditioned or delayed. If any conflict of interest results during the mutual representation of the City and Developer in defense of any such action, or if the City is reasonably dissatisfied with legal counsel retained by Developer, the City shall have the right (a) at Developer’s costs and expense, to have the City Attorney undertake and continue the City’s defense, or (b) with DeveloperXxxxxxxxx’s approval, which shall not be reasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City’s defense.

Appears in 1 contract

Samples: Development Agreement

City’s Right to Defense. The City shall have the right to approve legal counsel retained by Xxxxxxxxx Developer to defend any claim, action or proceeding which Developer is obligated to defend pursuant to Section 14.1, which approval shall not be unreasonably withheld, conditioned withheld or delayed. If In the event that any conflict of interest results during the mutual representation of the City and Developer in defense of any such action, or if in the City is reasonably dissatisfied event of the City’s reasonable dissatisfaction with legal counsel retained by Developer, the City shall have the right (a) at Developer’s costs cost and expense, to have the City Attorney undertake and continue with the City’s defense, or (b) with Developer’s approval, which shall not be reasonably unreasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City’s defense...

Appears in 1 contract

Samples: Development Agreement

City’s Right to Defense. The City shall have the right to approve legal counsel retained by Xxxxxxxxx to defend any claim, action or proceeding which Developer is obligated to defend pursuant to Section 14.1, which approval shall not be unreasonably withheld, conditioned or delayed. If any conflict of interest results during the mutual representation of the City and Developer in defense of any such action, or if the City is reasonably dissatisfied with legal counsel retained by Developer, the City shall have the right (a) at Developer’s costs cost and expense, to have the City Attorney undertake and continue the City’s defense, or (b) with Developer’s approval, which shall not be reasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City’s defense.defense.‌

Appears in 1 contract

Samples: Development Agreement

City’s Right to Defense. The City shall have the right to approve legal counsel retained by Xxxxxxxxx Developer to defend any claim, action or proceeding which Developer is obligated to defend pursuant to Section 14.114.1.1, which approval shall not be unreasonably withheld, conditioned or delayed. If any conflict of interest results during the mutual representation of the City and Developer in defense of any such action, or if the City is reasonably dissatisfied with legal counsel retained by DeveloperXxxxxxxxx, the City shall have the right (a) at Developer’s costs and expense, to have the City Attorney undertake and continue the City’s defense, or (b) with Developer’s approval, which shall not be reasonably withheld or delayed, to select separate outside legal counsel to undertake and continue the City’s defense.

Appears in 1 contract

Samples: Development Agreement

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