Common use of Defense Obligations Clause in Contracts

Defense Obligations. To the fullest extent permitted by law, Contractor shall, following a tender of defense from City, assume the immediate defense of (with legal counsel subject to approval of the City), the City, its boards, commissions, officers, and employees (collectively “Indemnitees”), from and against any and all claims, losses, costs, damages, expenses and liabilities of every kind, nature, and description including, without limitation, injury to or death of any person(s) and incidental and consequential damages (collectively “Damages”), court costs, attorneys’ fees, litigation expenses, fees of expert consultants or witnesses in litigation, and costs of investigation (collectively “Litigation Expenses”), that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the alleged negligence, recklessness, or willful misconduct of Contractor, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively, “Liabilities”). City will reimburse Contractor for the proportionate percentage of defense costs exceeding Contractor’s proportionate percentage of fault as determined by a Court of competent jurisdiction.

Defense Obligations. To the fullest extent permitted by law, Contractor shall, following a tender of defense from City, assume the immediate defense of (with legal counsel subject to approval of the City), the City, its boards, commissions, officers, and employees (collectively “"Indemnitees”"), from and against any and all claims, losses, costs, damages, expenses and liabilities of every kind, nature, and description including, without limitation, injury to or death of any person(s) and incidental and consequential damages (collectively “Damages”), court costs, attorneys’ ' fees, litigation expenses, fees of expert consultants or witnesses in litigation, and costs of investigation (collectively “Litigation Expenses”), that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the alleged negligence, recklessness, or willful misconduct of Contractor, any subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively, “"Liabilities”"). City will reimburse Contractor for the proportionate percentage of defense costs exceeding Contractor’s proportionate percentage of fault as determined by a Court of competent jurisdiction.