Common use of Defense and Settlement Clause in Contracts

Defense and Settlement. In any action in which the Franchisee defends the City, the Franchisee shall consult with the City prior to proposing, accepting, or rejecting a settlement and prior to filing any pleading which might estop the City with respect to any question of fact or law. Franchisee shall provide the defense of any claims brought against the City by selecting counsel of Franchisee’s choice to defend the claim, subject to the consent of the City, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent the City from cooperating with the Franchisee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided, however, that after consultation with the City, Franchisee shall have the right to defend, settle or compromise any claim or action arising hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such settlement include the full release of the City and the City does not consent to the terms of any such proposed settlement or compromise, Franchisee shall not settle the claim or action, but its obligation to indemnify the City shall in no event exceed the amount of such proposed settlement.

Defense and Settlement. In any action in which the Franchisee defends the CityTown, the Franchisee shall consult with the City Town prior to proposing, accepting, or rejecting a settlement and prior to filing any pleading which might estop the City Town with respect to any question of fact or law. Franchisee shall provide the defense of any claims brought against the City Town by selecting counsel of Franchisee’s choice to defend the claim, subject to the consent of the CityTown, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent the City Town from cooperating with the Franchisee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided, however, that after consultation with the CityTown, Franchisee shall have the right to defend, settle or compromise any claim or action arising hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such settlement include the full release of the City Town and the City Town does not consent to the terms of any such proposed settlement or compromise, Franchisee shall not settle the claim or action, but its obligation to indemnify the City Town shall in no event exceed the amount of such proposed settlement.

Defense and Settlement. In any action in which the Franchisee defends the CityCounty, the Franchisee shall consult with the City County prior to proposing, accepting, or rejecting a settlement and prior to filing any pleading which might estop the City County with respect to any question of fact or law. Franchisee shall provide the defense of any claims brought against the City County by selecting counsel of Franchisee’s choice to defend the claim, subject to the consent of the CityCounty, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent the City County from cooperating with the Franchisee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided, however, that after consultation with the CityCounty, Franchisee shall have the right to defend, settle or compromise any claim or action arising hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such settlement include the full release of the City County and the City County does not consent to the terms of any such proposed settlement or compromise, Franchisee shall not settle the claim or action, but its obligation to indemnify the City County shall in no event exceed the amount of such proposed settlement.