Common use of Defense of City Clause in Contracts

Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Cooperative at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Cooperative is not prejudiced by lack of such notice. If Cooperative is required to indemnify and defend, it will thereafter have control of such litigation, but Cooperative may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Cooperative, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf.

Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Cooperative Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Cooperative Company is not prejudiced by lack of such notice. If Cooperative Company is required to indemnify and defend, it will thereafter have control of such litigation, but Cooperative Company may not settle such litigation without the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and CooperativeCompany, in defending any action on behalf of the City, shall be entitled to assert in any action every defense or immunity that the City could assert in its own behalf.

Defense of City. In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Cooperative Company, at its sole cost and expense shall expense, will defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Cooperative Company is not prejudiced by lack of such notice. If Cooperative Company is required to indemnify and defend, it will thereafter have control of such litigation, but Cooperative Company may not settle such litigation without the consent of the City, which consent shall will not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City and Cooperative, in Company. In defending any action on behalf of the City, shall Company will be entitled to assert in any action every defense or immunity that the City could assert in its own behalf.