Defense of Claim, Etc. If any claim, action or proceeding is made or brought against any of the Indemnitees in connection with any event referred to in Section 12.01 hereof, then upon demand of the City, Funding Recipient shall either resist, defend or satisfy such claim, action or proceeding in such Indemnitee’s name, by the attorneys for, or approved by, Funding Recipient’s insurance carrier (if such claim, action or proceeding is covered by insurance), or by such other attorneys as each Indemnitee shall reasonably approve. The foregoing notwithstanding, any such Indemnitee may engage its own attorneys to defend such Indemnitee, or to assist such Indemnitee in such Indemnitee’s defense of such claim, action or proceeding, as the case may be, at such Indemnitee’s sole cost and expense.
Appears in 3 contracts
Samples: Funding Agreement, Funding Agreement, Funding Agreement
Defense of Claim, Etc. If any claim, action or proceeding is made or brought against any of the Indemnitees in connection with any event referred to in Section 12.01 hereof, then upon demand of the CityCity or DDC, Funding Recipient shall either resist, defend or satisfy such claim, action or proceeding in such Indemnitee’s name, by the attorneys for, or approved by, Funding Recipient’s insurance carrier (if such claim, action or proceeding is covered by insurance), or by such other attorneys as each Indemnitee shall reasonably approve. The foregoing notwithstanding, any such Indemnitee may engage its own attorneys to defend such Indemnitee, or to assist such Indemnitee in such Indemnitee’s defense of such claim, action or proceeding, as the case may be, at such Indemnitee’s sole cost and expense.
Appears in 2 contracts
Samples: Funding Agreement, Funding Agreement
Defense of Claim, Etc. If any claim, action or proceeding is made or brought against any of the Indemnitees in connection with by reason of any event referred to which reference is made in Section 12.01 10.1.1 hereof, then upon demand of the by City, Funding Recipient Company shall either resist, defend or satisfy such claim, action or proceeding in such Indemnitee’s 's name, by the attorneys for, or approved by, Funding Recipient’s Company's insurance carrier (if such claim, action or proceeding is covered by insurance), ) or by such other attorneys as each Indemnitee shall reasonably approveCompany's attorneys. The foregoing notwithstanding, any upon a showing that the Indemnitee reasonably requires additional representation, such Indemnitee may engage its own attorneys to defend such Indemnitee, or to assist such Indemnitee in such Indemnitee’s 's defense of such claim, action or proceeding, as the case may be, at and Company shall pay the reasonable fees and disbursements of such attorneys of such Indemnitee’s sole cost and expense.
Appears in 2 contracts
Samples: Franchise Agreement, Franchise Agreement
Defense of Claim, Etc. If any claim, action or proceeding is made or brought against any of the Indemnitees in connection with any event referred to in Section 12.01 13 hereof, then upon demand of the CityTrust, Funding Recipient Concessionaire shall either resist, defend or satisfy such claim, action or proceeding in such Indemnitee’s name, by the attorneys for, or approved by, Funding RecipientConcessionaire’s insurance carrier (if such claim, action or proceeding is covered by insurance), or by such other attorneys as each Indemnitee Concessionaire may retain and that the Trust shall reasonably approve. The foregoing notwithstanding, any such Indemnitee may engage its own attorneys in addition to any counsel appointed by Concessionaire’s insurance carrier or otherwise retained by Concessionaire to defend such Indemnitee, or to assist such Indemnitee in such Indemnitee’s defense of such claim, action or proceeding, as the case may be, at such Indemnitee’s sole cost and expense.
Appears in 1 contract
Samples: Green Partnership Agreement
Defense of Claim, Etc. If any claim, action or proceeding is made or brought against any of the Indemnitees in connection with any event referred to in Section 12.01 Section 9.02 hereof, then upon demand of the CityCity or DDC, Funding Recipient shall either resist, defend or satisfy such claim, action or proceeding in such Indemnitee’s name, by the attorneys for, or approved by, Funding Recipient’s insurance carrier (if such claim, action or proceeding is covered by insurance), or by such other attorneys as each Indemnitee DDC shall reasonably approve. The foregoing notwithstanding, any such Indemnitee may engage its own attorneys to defend such Indemnitee, or to assist such Indemnitee in such Indemnitee’s defense of such claim, action or proceeding, as the case may be, at such Indemnitee’s sole cost and expense.
Appears in 1 contract
Samples: Funding Agreement
Defense of Claim, Etc. If any claim, action or proceeding is made or brought against any of the Indemnitees in connection with any event referred to in Section 12.01 hereofIndemnitees, then upon demand of the City, Funding Recipient shall either resist, defend or satisfy such claim, action or proceeding in such Indemnitee’s name, by the attorneys for, or approved by, Funding Recipient’s insurance carrier (if such claim, action or proceeding is covered by insurance), or by such other attorneys as each Indemnitee the City shall reasonably approve. The foregoing notwithstanding, any such Indemnitee may engage its own attorneys to defend such Indemnitee, or to assist such Indemnitee in such Indemnitee’s defense of such claim, action or proceeding, as the case may be, at such Indemnitee’s sole cost and expense.expense.
Appears in 1 contract
Samples: Funding Agreement