Defense of Claims; Control of Proceedings Sample Clauses
The "Defense of Claims; Control of Proceedings" clause establishes which party is responsible for managing and defending against legal claims or lawsuits related to the agreement. Typically, this clause specifies that one party must assume control of the legal defense, including selecting counsel and making strategic decisions, while the other party may have rights to participate or be informed. For example, if a third party sues over an alleged breach, the clause clarifies who leads the defense and how costs are handled. Its core function is to prevent disputes between the contracting parties over legal strategy and responsibility, ensuring efficient and coordinated handling of legal proceedings.
Defense of Claims; Control of Proceedings. Notwithstanding anything ----------------------------------------- in this Agreement to the contrary, to the extent any Loss subject to indemnification hereunder would exceed the Indemnifying Party's indemnity obligations under this Agreement, the Indemnified Party shall be entitled to control the defense of such claim or management of such proceeding with respect to such excess Loss.