Common use of Defense of Suits Brought Upon Claims Clause in Contracts

Defense of Suits Brought Upon Claims. The Contractor shall defend all suits brought upon claims and shall pay all expenses. DHS may participate in the defense of any suit in which DHS deems that its interests are not adequately protected by the Contractor or where the Contractor believes, asserts, or claims that the claim arises out of the sole negligence of DHS. If the Contractor believes, asserts, or claims that a claim arises out of the sole negligence of DHS, the Contractor shall notify DHS no later than 90 days after receiving notice of the claim. If the Contractor does not notify DHS within this timeframe, the Contractor shall defend and indemnify DHS, even if the claim arises out of the sole negligence of DHS. The participation by DHS in the defense of a claim does not relieve the Contractor of any obligation under this contract. However, if DHS elects to retain independent counsel, DHS shall pay the legal fees and costs of that counsel except where DHS retains independent counsel due to a claim by the Contractor that the claim arises out of the sole negligence of DHS. If a finding is later made that the claim did not arise out of the sole negligence of DHS, the Contractor shall reimburse DHS for all costs, including legal fees, incurred by DHS.

Defense of Suits Brought Upon Claims. The Contractor shall defend all suits brought upon claims and shall pay all expenses. costs and expenses including attorney’s fees, but DHS may participate in the defense of any such suit in which DHS deems perceives that its interests are not adequately being protected by the Contractor or where the Contractor believes, asserts, or claims that the claim arises out of the sole negligence of DHS. If In the latter situation, the Contractor believes, asserts, or claims shall notify DHS within 90 days of receiving notice of the claim against it that a the Contractor asserts that the claim arises out of the sole negligence of DHS, . In the event the Contractor shall notify DHS no later than 90 days after receiving notice of the claim. If the Contractor does not fails to notify DHS within this timeframe, the Contractor shall defend and indemnify DHS, DHS even if the claim arises out of the sole negligence of DHS. The participation by DHS in the defense of a claim does not relieve the Contractor of any obligation under pursuant to this contractContract. However, if DHS elects to retain independent counsel, DHS shall pay the legal attorney's fees and costs of that associated with such counsel except where DHS retains independent counsel due to a claim by the Contractor that the claim arises out of the sole negligence of DHS. If a finding is later made that the claim did not arise out of the sole negligence of DHS, the Contractor shall reimburse DHS for all costs, including legal fees, attorney’s fees incurred by DHS.

Defense of Suits Brought Upon Claims. The Contractor shall defend all suits brought upon claims and shall pay all expenses. DHS may participate in the defense of any suit in which DHS deems that its interests are not adequately protected by the Contractor or where the Contractor believes, asserts, or claims that the claim arises out of the sole negligence of DHS. If the Contractor believes, asserts, or claims that a claim arises out of the sole negligence of DHS, the Contractor shall notify DHS no later than 90 days after receiving notice of the claim. If the Contractor does not notify DHS within this timeframe, the Contractor shall defend and indemnify DHS, DHS even if the claim arises out of the sole negligence of DHS. The participation by DHS in the defense of a claim does not relieve relie ve the Contractor of any obligation under this contract. However, if DHS elects to retain independent counsel, DHS shall pay the legal fees and costs of that counsel except where DHS retains independent counsel due to a claim by the Contractor that the claim arises out of the sole negligence of DHS. If a finding is later made that the claim did not arise out of the sole negligence of DHS, the Contractor shall reimburse DHS for all costs, including legal fees, incurred by DHS.

Defense of Suits Brought Upon Claims. The Contractor shall defend all suits brought upon claims and shall pay all expenses. DHS may participate in the defense of any suit in which DHS deems that its interests are not adequately protected by the Contractor or where the Contractor believes, asserts, or claims that the claim arises out of the sole negligence of DHS. If the Contractor believes, asserts, or claims that a claim arises out of the sole negligence of DHS, the Contractor shall notify DHS no later than 90 days after receiving notice of the claim. If the Contractor does not notify DHS within this timeframe, the Contractor shall defend and indemnify DHS, DHS even if the claim arises out of the sole negligence of DHS. The participation by DHS in the defense of a claim does not relieve the Contractor of any obligation under this contract. However, if DHS elects to retain independent counsel, DHS shall pay the legal fees and costs of that counsel except where DHS retains independent counsel due to a claim by the Contractor that the claim arises out of the sole negligence of DHS. If a finding is later made that the claim did not arise out of the sole negligence of DHS, the Contractor shall reimburse DHS for all costs, including legal fees, incurred by DHS.