Common use of Defense Counsel Clause in Contracts

Defense Counsel. City shall have the right to select or to approve defense counsel to be retained by CONSULTANT in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT shall retain City approved defense counsel within seven (7) business days of City’s written notice that City is invoking its right to indemnification under this Agreement. If CONSULTANT fails to retain Counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and CONSULTANT shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 2 contracts

Samples: Professional Services, Professional Services

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Defense Counsel. City shall have the right to select or to approve defense counsel to be retained by CONSULTANT XXXXXXX in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT GRANTEE shall retain City approved defense counsel within seven (7) business days of City’s written notice that City is invoking its right to indemnification under this Agreement. If CONSULTANT GRANTEE fails to retain Counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and CONSULTANT GRANTEE shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 2 contracts

Samples: Economic Development Agreement, Economic Development Agreement

Defense Counsel. City shall have the right to select or to approve defense counsel to be retained by CONSULTANT Xxxxxxx in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT Grantee shall retain City City- approved defense counsel within seven (7) business days of City’s written notice that City is invoking its right to indemnification under this AgreementContract. If CONSULTANT Grantee fails to retain Counsel counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and CONSULTANT Grantee shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 2 contracts

Samples: Contract, Contract

Defense Counsel. City shall have the right to select or to approve defense counsel to be retained by CONSULTANT Partner in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT Partner shall retain City approved defense counsel within seven (7) business days of City’s written notice that City is invoking its right to indemnification under this Agreement. If CONSULTANT Partner fails to retain Counsel counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and CONSULTANT Partner shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 2 contracts

Samples: Collaborative Partnership Agreement, Collaborative Partnership Agreement

Defense Counsel. City shall have the right to select or to approve defense counsel to be retained by CONSULTANT Contractor in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT Contractor shall retain City approved defense counsel within seven (7) business days of City’s written notice that City is invoking its right to indemnification under this Agreement. If CONSULTANT Contractor fails to retain Counsel counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and CONSULTANT Contractor shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 2 contracts

Samples: Art Inventory Services Agreement, Art Inventory Services Agreement

Defense Counsel. City shall have the right to select or to approve defense counsel to be retained by CONSULTANT Xxxxxxxxxx in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT Contractor shall retain City approved defense counsel within seven (7) business days of City’s written notice that City is invoking its right to indemnification under this Agreement. If CONSULTANT Contactor fails to retain Counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and CONSULTANT Contractor shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel council of its own selection and at its own expense, without waiving the foregoing.

Appears in 2 contracts

Samples: Municipal Wrecker Services Agreement, Municipal Wrecker Services Agreement

Defense Counsel. City shall have the right to select or to approve defense counsel counsel, of which approval will not be unreasonably withheld, to be retained by CONSULTANT Consultant in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT Consultant shall retain City approved defense counsel within seven (7) business days of City’s written notice that City is invoking its right to indemnification under this AgreementContract. If CONSULTANT Consultant fails to retain Counsel counsel within such time period, City shall have the right to retain defense counsel on its own behalf, behalf and CONSULTANT Consultant shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel council of its own selection and at its own expense, without waiving the foregoing.

Appears in 1 contract

Samples: Professional Consulting and Technical Services Contract

Defense Counsel. City shall have the right to select or to approve defense counsel to be retained by CONSULTANT Grantee in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT Grantee shall retain City approved defense counsel within seven (7) business days of City’s written notice that City is invoking its right to indemnification under this AgreementContract. If CONSULTANT Grantee fails to retain Counsel counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and CONSULTANT Grantee shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 1 contract

Samples: Arts Agency Contract

Defense Counsel. City shall have the right to select or to approve defense counsel to be retained by CONSULTANT CONTRACTOR in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT CONTRACTOR shall retain City approved defense counsel within seven (7) business days of City’s written notice that City is invoking its right to indemnification under this Agreement. If CONSULTANT CONTRACTOR fails to retain Counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and CONSULTANT CONTRACTOR shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 1 contract

Samples: Professional Services

Defense Counsel. City shall have the right to select or to approve defense counsel to be retained by CONSULTANT Xxxxxxx in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT Grantee shall retain City approved defense counsel within seven (7) business 7 calendar days of City’s written notice that City is invoking its right to indemnification under this AgreementContract. If CONSULTANT Grantee fails to retain Counsel counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and CONSULTANT Grantee shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 1 contract

Samples: Arts Agency Contract

Defense Counsel. City shall have the right to select or to approve defense counsel to be retained by CONSULTANT Contractor in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT Contractor shall retain City approved defense counsel within seven (7) business 7 calendar days of City’s written notice that City is invoking its right to indemnification under this AgreementContract. If CONSULTANT Contractor fails to retain Counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and CONSULTANT Contractor shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 1 contract

Samples: Film Festivals Contract

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Defense Counsel. City shall have the right to select or to approve defense counsel to be retained by CONSULTANT CONTRACTOR in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT CONTRACTOR shall retain City approved defense counsel within seven (7) business days of City’s written notice that City is invoking its right to indemnification under this AgreementContract. If CONSULTANT CONTRACTOR fails to retain Counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and CONSULTANT CONTRACTOR shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 1 contract

Samples: Services Agreement

Defense Counsel. City shall have the right to select or to approve defense counsel to be retained by CONSULTANT Consultant in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT Consultant shall retain City approved defense counsel within seven (7) business days of City’s written notice that City is invoking its right to indemnification under this Agreement. If CONSULTANT Consultant fails to retain Counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and CONSULTANT Consultant shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 1 contract

Samples: Professional Services

Defense Counsel. City shall have the right to select or to approve defense counsel to be retained by CONSULTANT Grantee in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT Grantee shall retain City approved defense counsel within seven (7) business 7 calendar days of City’s written notice that City is invoking its right to indemnification under this AgreementContract. If CONSULTANT Grantee fails to retain Counsel counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and CONSULTANT Grantee shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 1 contract

Samples: Arts and Culture Funding Agreement

Defense Counsel. City CITY shall have the right to select or to approve defense counsel to be retained by CONSULTANT ARTIST in fulfilling its obligation hereunder to defend and indemnify CityCITY, unless such right is expressly waived by City CITY in writing. CONSULTANT ARTIST shall retain City CITY-approved defense counsel within seven (7) business days of CityCITY’s written notice that City CITY is invoking its right to indemnification under this Agreement. If CONSULTANT ARTIST fails to retain Counsel counsel within such time period, City CITY shall have the right to retain defense counsel on its own behalf, and CONSULTANT ARTIST shall be liable for all costs incurred by CityCITY. City CITY shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 1 contract

Samples: Design, Fabrication, & Installation Agreement

Defense Counsel. City shall have the right to select or to approve defense counsel to be retained by CONSULTANT Xxxxxxx in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT Grantee shall retain City approved defense counsel within seven (7) business days of City’s written notice that City is invoking its right to indemnification under this AgreementContract. If CONSULTANT Grantee fails to retain Counsel counsel within such time period, City shall have the right to retain defense counsel on its own behalf, and CONSULTANT Grantee shall be liable for all costs incurred by City. City shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 1 contract

Samples: Arts Agency Contract

Defense Counsel. City shall have the right to select or to approve defense counsel counsel, of which approval shall not be unreasonably withheld, to be retained by CONSULTANT Contractor in fulfilling its obligation hereunder to defend and indemnify City, unless such right is expressly waived by City in writing. CONSULTANT Contractor shall retain City City-approved defense counsel within seven ten (710) business calendar days of City’s written notice that City is invoking its right to indemnification Indemnification under this AgreementContract. If CONSULTANT Contractor fails to retain Counsel counsel within such time period, City shall have the right to retain defense counsel on its own behalf, behalf and CONSULTANT Contractor shall be liable for all costs incurred by City. City also shall also have the right, at its option, to be represented by advisory counsel of its own selection and at its own expense, without waiving the foregoing.

Appears in 1 contract

Samples: Professional Services

Defense Counsel. City CITY shall have the right to select or to approve defense counsel counsel, of which approval will not be unreasonably withheld, to be retained by CONSULTANT Consultant in fulfilling its obligation hereunder to defend and indemnify CityCITY, unless such right is expressly waived by City CITY in writing. CONSULTANT Consultant shall retain City CITY approved defense counsel within seven (7) business days of CityCITY’s written notice that City CITY is invoking its right to indemnification under this AgreementContract. If CONSULTANT Consultant fails to retain Counsel counsel within such time period, City CITY shall have the right to retain defense counsel on its own behalf, behalf and CONSULTANT Consultant shall be liable for all costs incurred by CityCITY. City CITY shall also have the right, at its option, to be represented by advisory counsel council of its own selection and at its own expense, without waiving the foregoing.

Appears in 1 contract

Samples: Professional Services

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