Continued Participation. If XXXX 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. XXXX may settle the claim without the consent or agreement of the City, unless 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; 3.27.2.2.2 would require the City to pay amounts that XXXX does not fund in full; or 3.27.2.2.3 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: Construction Management at Risk Agreement, Construction Management at Risk Agreement, Construction Manager at Risk Contract
Continued Participation. If XXXX Concessionaire 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. XXXX Concessionaire may settle the claim without the consent or agreement of the City, unless it:
3.27.2.2.1 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;
3.27.2.2.2 , (ii) would require the City to pay amounts that XXXX Concessionaire does not fund in full; or
3.27.2.2.3 , (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: Concession Agreement, Real Estate Development Agreement
Continued Participation. If XXXX Concessionaire 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. XXXX Concessionaire may settle the claim without the consent or agreement of the City, unless itit would:
3.27.2.2.1 would result 9.3.2.2.1. Result in injunctive relief or other equitable remedies or otherwise require the City to comply with restrictions or limitations that adversely affect the City;,
3.27.2.2.2 would require 9.3.2.2.2. Require the City to pay amounts that XXXX Concessionaire does not fund in full; , or
3.27.2.2.3 would not 9.3.2.2.3. 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: Foreign Currency Exchange and Passenger Amenities Concession Agreement
Continued Participation. If XXXX Contractor elects to defend the claim, the City may Attorney 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. XXXX Contractor may settle the claim without the consent or agreement of the City, unless it:
3.27.2.2.1 3.10.2.2.1. 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;
3.27.2.2.2 3.10.2.2.2. would require the City to pay amounts that XXXX Contractor does not fund in full; , or
3.27.2.2.3 3.10.2.2.3. 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
Continued Participation. If XXXX Concessionaire 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. XXXX Concessionaire may settle the claim without the consent or agreement of the City, unless it:
3.27.2.2.1 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;
3.27.2.2.2 , (ii) would require the City to pay amounts that XXXX Concessionaire does not fund in full; or
3.27.2.2.3 , or (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: Concession Agreement
Continued Participation. If XXXX Concessionaire 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. XXXX Concessionaire may settle the claim without the consent or agreement of the City, unless it:
3.27.2.2.1 4.4.2.2.1 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;
3.27.2.2.2 4.4.2.2.2 would require the City to pay amounts that XXXX Concessionaire does not fund in full; or
3.27.2.2.3 4.4.2.2.3 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
