Common use of Defense Qualification Clause in Contracts

Defense Qualification. Neither Consultant nor any attorney engaged by Consultant shall defend or purport to defend a claim in the name of the Agency, the State of Oregon, the OTC or ODOT without first receiving from the applicable entity, authority to act as legal counsel, nor shall Consultant settle any claim on behalf of the foregoing entities without the approval of these entities. The Agency, the State of Oregon, the OTC or ODOT may, at their election and expense, assume their own defense and settlement.

Defense Qualification. Neither Consultant nor any attorney engaged by Consultant shall defend or purport to defend a claim in the name of the AgencyLCOG, the State of Oregon, the OTC or ODOT without first receiving from the applicable entity, authority to act as legal counsel, nor shall Consultant settle any claim on behalf of the foregoing entities without the approval of these entities. The AgencyLCOG, the State of Oregon, the OTC or ODOT may, at their election and expense, assume their own defense and settlement.