Common use of Enforcement of this Contract Clause in Contracts

Enforcement of this Contract. In the event University retains legal counsel to secure performance by the ESCO of any of its obligations under this contract, or if University retains or utilizes such counsel to represent its interest with respect to any matter for which the ESCO has an indemnity obligation to University under any provision of this contract or otherwise, the ESCO shall pay and reimburse University for the cost of such counsel and shall further pay and reimburse University for any and all other cost and expense incurred in preparing, negotiating, or prosecuting any claim against the ESCO, including but not limited to, any and all expert witness fees and expenses.

Appears in 3 contracts

Samples: Energy Services Agreement, Energy Services Agreement, Energy Services Agreement

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Enforcement of this Contract. In the event University retains legal counsel to secure performance by the ESCO of any of its obligations under this contract, or if University retains or utilizes such counsel to represent its interest with respect to any matter for which the ESCO has an indemnity obligation to University under any provision of this contract or otherwise, the ESCO shall pay and reimburse University for the cost of such counsel and shall further pay and reimburse University for any and all other cost and expense incurred in preparing, negotiating, or prosecuting any such claim against the ESCO, including including, but not limited to, any and all expert witness fees and expenses.

Appears in 3 contracts

Samples: Energy Services Agreement, Energy Services Agreement, Energy Services Agreement

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