Common use of Defense Qualification Clause in Contracts

Defense Qualification. Neither Carrier nor any attorney engaged by Xxxxxxx shall defend any claim in the name of OHA or the State of Oregon or any agency of the State of Oregon, nor purport to act as the legal representative of the State of Oregon or OHA, or any of its agencies, without the prior written consent of OHA and the Oregon Attorney General. The State of Oregon may, at any time at its election, assume its own defense and settlement in the event that it determines that Carrier is prohibited from defending the State of Oregon, that Carrier is not adequately defending the State of Oregon’s interests, that an important governmental principle is at issue, or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Carrier if the State of Oregon elects to assume its own defense. Furthermore, notwithstanding Carrier’s foregoing indemnity and defense obligations to OHA, and without waiving OHA’s right to recover attorneys’ fees and costs as provided in section 8.1 and to the fullest extent permitted by law, OHA may, at any time at its election, assume its own defense and settlement in the event that it determines that Carrier is prohibited from defending OHA, that Carrier is not adequately defending OHA’s interests, that an important governmental principle is at issue, or that it is in the best interests of OHA to do so. OHA reserves all rights to pursue any claims it may have against Carrier if OHA elects to assume its own defense.

Defense Qualification. Neither Carrier nor any attorney engaged by Xxxxxxx shall defend any claim in the name of OHA or the State of Oregon or any agency of the State of Oregon, nor purport to act as the legal representative of the State of Oregon or OHA, or any of its agencies, without the prior written consent of OHA and the Oregon Attorney General. The State of Oregon may, at any time at its election, assume its own defense and settlement in the event that it determines that Carrier is prohibited from defending the State of Oregon, that Carrier is not adequately defending the State of Oregon’s interests, that an important governmental principle is at issue, or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Carrier if the State of Oregon elects to assume its own defense. Furthermore, notwithstanding Carrier’s foregoing indemnity and defense obligations to OHA, and without waiving OHA’s right to recover attorneys’ fees and costs as provided in section paragraph 8.1 and to the fullest extent permitted by law, OHA may, at any time at its election, assume its own defense and settlement in the event that it determines that Carrier is prohibited from defending OHA, that Carrier is not adequately defending OHA’s interests, that an important governmental principle is at issue, or that it is in the best interests of OHA to do so. OHA reserves all rights to pursue any claims it may have against Carrier if OHA elects to assume its own defense.