Defense Election. If, after meeting and conferring, the Parties mutually agree (each in its sole discretion) to defend against the Litigation Challenge, then the following shall apply:
Appears in 2 contracts
Samples: Development Agreement, Development Agreement
Defense Election. If, after meeting and conferring, the Parties parties mutually agree (each in its sole discretion) to defend against the Litigation ChallengeThird-Party Litigation, then the following shall apply:apply:
Appears in 1 contract
Defense Election. If, after meeting and conferring, the Parties mutually agree (each in its sole discretion) to defend against the Litigation ChallengeThird-Party Lawsuit, then the following shall apply:apply:
Appears in 1 contract
Samples: Development Agreement