Common use of FRANCHISEE'S RIGHT TO PARTICIPATE IN LITIGATION Clause in Contracts

FRANCHISEE'S RIGHT TO PARTICIPATE IN LITIGATION. The FRANCHISEE may, at its expense, retain an attorney to represent it individually in all litigation and Court proceedings involving the Marks or the Business System, and will do so with respect to matters involving only the FRANCHISEE; however, COST CUTTERS and its legal counsel will control and conduct all litigation involving the Marks, the Business System and the rights of COST CUTTERS. Except as expressly provided for herein, COST CUTTERS will have no liability to the FRANCHISEE for any costs that the FRANCHISEE may incur in any litigation, and the FRANCHISEE will pay for all costs, including attorneys' fees, that it may incur in any litigation or proceeding arising as a result of the matters referred to under this Article, unless it tenders the defense to COST CUTTERS in a timely manner pursuant to and in accordance with Article 3.6.

FRANCHISEE'S RIGHT TO PARTICIPATE IN LITIGATION. The FRANCHISEE may, at its expense, retain an attorney to represent it individually in all litigation and Court proceedings involving the Marks or the Business System, and will do so with respect to matters involving only the FRANCHISEE; however, COST CUTTERS CITY LOOKS and its legal counsel will control and conduct all litigation involving the Marks, the Business System and the rights of COST CUTTERSCITY LOOKS. Except as expressly provided for herein, COST CUTTERS CITY LOOKS will have no liability to the FRANCHISEE for any costs that the FRANCHISEE may incur in any litigation, and the FRANCHISEE will pay for all costs, including attorneys' fees, that it may incur in any litigation or proceeding arising as a result of the matters referred to under this Article, unless it tenders the defense to COST CUTTERS CITY LOOKS in a timely manner pursuant to and in accordance with Article 3.6.