Common use of Duty to Defend Clause in Contracts

Duty to Defend. If Lender or any of its trustees, officers, participants, employees or affiliates is a party in any Proceeding relating to the Property, Borrower or the Loan, Borrower will indemnify and hold harmless the party and will defend the party with attorneys and other professionals retained by Borrower and approved by Lender. Lender may elect to engage its own attorneys and other professionals, at Borrower’s expense, to defend or to assist in the defense of the party. In all events, case strategy will be determined by Lender if Lender so elects and no Proceeding will be settled without Lender’s prior approval which may be withheld in its sole discretion.

Duty to Defend. If Lender or any of its trustees, officers, participants, employees or affiliates is a party in any Proceeding relating to the Property, Grantor, Borrower or the Loan, Borrower Grantor will indemnify and hold harmless the party and will defend the party with attorneys and other professionals retained by Borrower Grantor and approved by Lender. Lender may elect to engage its own attorneys and other professionals, at Borrower’s Grantor's expense, to defend or to assist in the defense of the party. In all events, case strategy will be determined by Lender if Lender so elects and no Proceeding will be settled without Lender’s 's prior approval which may be withheld in its sole discretion.

Duty to Defend. If Lender or any of its trustees, officers, participants, employees or affiliates is a party in any Proceeding relating to the Property, Borrower or the Loan, Borrower will indemnify and hold harmless the party and will defend the party with and attorneys and other professionals retained by Borrower and approved by LenderXxxxxx. Lender may elect to engage its own attorneys and other professionals, at Borrower’s Xxxxxxxx's expense, to defend or to assist in the defense of the party. In all events, case strategy will be determined by Lender if Lender so elects and no Proceeding will be settled without Lender’s 's prior approval which may be withheld in its sole discretion.

Duty to Defend. If Lender or any of its trustees, officers, participants, employees or affiliates is a party in any Proceeding relating to the Property, Borrower or the Loan, Borrower will indemnify and hold harmless the party and will defend the party with attorneys and other professionals retained by Borrower Xxxxxxxx and approved by LenderXxxxxx. Lender may elect to engage its own attorneys and other professionals, at BorrowerXxxxxxxx’s expense, to defend or to assist in the defense of the party. In all events, case strategy will be determined by Lender if Lender so elects and no Proceeding will be settled without LenderXxxxxx’s prior approval which may be withheld in its sole discretion.

Duty to Defend. If Lender or any of its trustees, officers, participants, employees or affiliates is a party in any Proceeding relating to the Property, Borrower this Assignment or the LoanLeases and the Rents, Borrower will indemnify defend and hold harmless the party and will defend the party with attorneys and other professionals retained by Borrower and approved by Lender. At its option, Lender may elect to engage its own attorneys and other professionals, at Borrower’s expense, to defend or to assist in the defense of the party. In all events, case strategy will be determined by Lender if Lender so elects elects, and no Proceeding will be settled without Lender’s prior approval written approval, which may be given or withheld in its sole discretion.