Common use of Defense of Claim, Etc Clause in Contracts

Defense of Claim, Etc. If any claim, action or proceeding is made or brought against any of the Indemnitees that is subject to Funding Recipient’s indemnification obligations hereunder then, upon demand of the City and/or such Indemnitee, 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 selected by Funding Recipient and reasonably satisfactory to such Indemnitees. Each Indemnitee shall reasonably cooperate in the defense or settlement of such claim, action or proceeding. The foregoing notwithstanding, any 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. No Indemnitee shall settle any such claim, action or proceeding without Funding Recipient’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed, provided, however, that Funding Recipient shall be deemed to have given its consent if, within fifteen days after request therefor from an Indemnitee, Funding Recipient shall have failed to grant or withhold said consent.

Defense of Claim, Etc. (a) If any claim, action or proceeding is made or brought against any Owner Indemnified Party by reason of the Indemnitees that any event to which reference is subject to Funding Recipient’s indemnification obligations hereunder made in Section 20.1 or Article 19, then, upon demand of the City and/or by Owner or such IndemniteeOwner Indemnified Party, Funding Recipient Tenant shall either resist, defend or satisfy such claim, action or proceeding in such Indemnitee’s Owner Indemnified Party's name, by the attorneys for, or approved by, Funding Recipient’s Tenant's insurance carrier (if such claim, action or proceeding is covered by insurance), ) or by such other attorneys selected by Funding Recipient and reasonably satisfactory to such Indemnitees. Each Indemnitee as Owner shall reasonably cooperate in the defense or settlement of such claim, action or proceedingapprove. The foregoing notwithstanding, any Indemnitee such Owner Indemnified Party may at its own expense engage its own attorneys to defend such IndemniteeOwner Indemnified Party, or to assist such Indemnitee Owner Indemnified Party in such Indemnitee’s Owner Indemnified Party's defense of such claim, action or .proceeding, as the case may be. (b) If any claim, action or proceeding is made or brought against any Tenant Indemnified Party by reason of any event to which reference is made in Section 20.2 or Article 19, then, upon demand by Tenant or such Tenant Indemnified Party, Owner, or any successor owner, as applicable, shall either resist, defend or satisfy such claim, action or proceeding in such Tenant Indemnified Party's name, by the attorneys for, or approved by, Owner's insurance carrier (if such claim, action or proceeding is covered by insurance) or by such other attorneys as Tenant shall reasonably approve. The foregoing notwithstanding, such Tenant Indemnified Party may at its own expense engage its own attorneys to defend such Tenant Indemnified Party, or to assist such Tenant Indemnified Party in such Tenant Indemnified Party's defense of such claim, action or proceeding, as the case may be, at such Indemnitee’s sole cost and expense. No Indemnitee shall settle any such claim, action or proceeding without Funding Recipient’s prior consent, which consent shall not be unreasonably withheld, conditioned or delayed, provided, however, that Funding Recipient shall be deemed to have given its consent if, within fifteen days after request therefor from an Indemnitee, Funding Recipient shall have failed to grant or withhold said consent.