Failure to Defend Action. If any claim, action, proceeding or investigation arises as to which the 118 indemnity provided for in Section 13.1, 13.2, 13.3 or 13.4 hereof may apply, and Contractor or Owner, as the case may be, fails to assume the defense of such claim, action, proceeding or investigation, then the indemnified party may at the expense of Contractor or Owner, as the case may be, contest (or, with the prior written consent of Contractor or Owner, settle) such claim.
Appears in 3 contracts
Samples: Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC), Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC), Engineering, Procurement and Construction Services Agreement (Aes Ironwood LLC)
Failure to Defend Action. If any claim, action, proceeding or investigation arises as to which the 118 indemnity provided for in Section 13.1, 13.2, 13.3 or 13.4 9.1 hereof may apply, and Contractor or Owner, as the case may be, Owner fails to assume the defense of such claim, action, proceeding or investigation, then the indemnified party Indemnified Party may at the Owner's expense of Contractor or Owner, as the case may be, contest (or, with the prior written consent of Contractor or the Owner, settle) such claim.
Appears in 2 contracts
Samples: Cogeneration Development Agreement (Southern Co), Cogeneration Development Agreement (Southern Co)
Failure to Defend Action. If any claim, action, proceeding or investigation arises as to which the 118 indemnity provided for in Section 13.1, 13.2, 13.3 or 13.4 hereof may apply, and Contractor or Owner, as the case may be, fails to assume the defense of such claim, action, proceeding or investigation, then the indemnified party may at the expense of Contractor or Owner, as the case may be, contest (or, with the prior written consent of Contractor or Owner, settle) such claim.
Appears in 1 contract
Samples: Engineering, Procurement and Construction Services Agreement (Aes Red Oak LLC)
