Common use of Continued Participation Clause in Contracts

Continued Participation. If Contractor elects to defend the claim, the City may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor may settle the claim without the consent or agreement of the City, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to pay amounts that Contractor does not fund in full, (iii) would not result in the City’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

Appears in 16 contracts

Samples: Operation and Maintenance Services Agreement, Ems Billing and Collection Fee Services Agreement, Agreement for Blower Repair/Replacement Services

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Continued Participation. If Contractor Concessionaire elects to defend the claim, the City may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor Concessionaire may settle the claim without the consent or agreement of the City, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to pay amounts that Contractor Concessionaire does not fund in full, (iii) would not result in the City’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

Appears in 7 contracts

Samples: Food and Beverage Concession Agreement, Food and Beverage Concession Agreement, Retail Concession Agreement

Continued Participation. If Contractor elects to defend the claim, the City may retain separate counsel counsel, at the City’s sole expense, to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor may settle the claim without the consent or agreement of the City, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to pay amounts that Contractor does not fund in full, and (iii) would not result in the City’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

Appears in 4 contracts

Samples: Software Licensing Agreement, Professional Services, Professional Services

Continued Participation. If Contractor elects to defend the claim, the City may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor may settle the claim without the consent or agreement of the City, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to pay amounts that Contractor does not fund in full, or (iii) would not result in the City’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

Appears in 3 contracts

Samples: Agreement for the Administration of an Aviation Pole Banner Program, Agreement for an Integrated Enterprise Legal Management System, Procurement and Contract Management System Agreement

Continued Participation. If Contractor elects to defend the claim, the City may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor may settle the claim without the consent or agreement of the City, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to pay amounts that Contractor does not fund in full, (iii) would not result in the City’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

Appears in 2 contracts

Samples: Agreement for Services, Professional Services

Continued Participation. If Contractor Consultant elects to defend the claim, the City may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor Consultant may settle the claim without the consent or agreement of the City, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to pay amounts that Contractor Consultant does not fund in full, (iii) would not result in the City’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

Appears in 2 contracts

Samples: Professional Services Agreement, Professional Services Agreement

Continued Participation. If Contractor Consultant elects to defend the claim, the City may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor Consultant may settle the claim without the consent or agreement of the City, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to pay amounts that Contractor Consultant does not fund in full, or (iii) would not result in the City’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

Appears in 2 contracts

Samples: Professional Services, Professional Services

Continued Participation. If Contractor elects to defend the claim, the City may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor may settle the claim without the consent or agreement of the City, unless it (iI) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to pay amounts that Contractor does not fund in full, (iii) would not result in the City’s =s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

Appears in 2 contracts

Samples: Contract Agreement, Contract Agreement

Continued Participation. If Contractor elects to defend the claim, the City may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor may settle the claim without the consent or agreement of the City, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to to13 pay amounts that Contractor does not fund in full, or (iii) would not result in the City’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

Appears in 1 contract

Samples: Disaster Debris Monitoring Services Agreement

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Continued Participation. If Contractor elects to defend the claim, the City may may, at its own expense, retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor may settle the claim without the consent or agreement of the City, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to pay amounts that Contractor does not fund in full, (iii) would not result in the City’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

Appears in 1 contract

Samples: Professional Services

Continued Participation. If Contractor elects to defend the claim, the City may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor may settle the claim without the consent or agreement of the City, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to pay amounts that Contractor does not fund in full, (iii) would not result in the City’s =s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

Appears in 1 contract

Samples: Television Maintenance Services Agreement

Continued Participation. If Contractor elects to defend the claim, the City may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor may settle the claim without the consent or agreement of the City, unless it (i) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) would require the City to pay amounts that Contractor does not fund in full, (iii) would not result in the City’s full and complete release from all liability to the plaintiffs or claimants Claimants who are parties to or otherwise bound by the settlement.

Appears in 1 contract

Samples: Contract for Third Party Administrative Services

Continued Participation. If Contractor Consultant elects to defend the claim, the City may retain separate counsel to participate in (but not control) the defense and to participate in (but not control) any settlement negotiations. Contractor Consultant may settle the claim without the consent or agreement of the City, unless it (i1) would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii2) would require the City to pay amounts that Contractor Consultant does not fund in full, or (iii3) would not result in the City’s full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

Appears in 1 contract

Samples: Professional Services Agreement

Continued Participation. If Contractor elects to defend the claim, the City may retain separate counsel to participate in (in, but not control) , the defense and to participate in (in, but not control) , any settlement negotiations. Contractor may settle the claim without the consent or agreement of the City, unless it (i) it: 3.27.2.2.1 would result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City, (ii) ; 3.27.2.2.2 would require the City to pay amounts that Contractor does not fund in full, (iii) ; or 3.27.2.2.3 would not result in the City’s 's full and complete release from all liability to the plaintiffs or claimants who are parties to or otherwise bound by the settlement.

Appears in 1 contract

Samples: Job Order Contracting Agreement

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