Joint Defense. Notwithstanding paragraph 10.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 10.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others.
Appears in 6 contracts
Samples: Grant Agreement, Operation Stonegarden (Opsg) Grant, Operation Stonegarden (Opsg) Grant
Joint Defense. Notwithstanding paragraph 10.2 11.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 10.4 11.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others.
Appears in 4 contracts
Samples: Agreement for Fiscal Year 2023, Agreement for Fiscal Year 2022, Agreement for Fiscal Year 2021
Joint Defense. Notwithstanding paragraph 10.2 7.2.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action, action or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 10.4 4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others.
Appears in 3 contracts
Samples: Fiscal Year Operation Stonegarden Grant Agreement, Grant Agreement, Agreement for the Operation Stonegarden (Opsg) Grant
Joint Defense. Notwithstanding paragraph 10.2 Section 9.2 above, in cases where PARTIES the Members agree in writing to a joint defense, PARTIES the Members may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of PARTIESthe Members. Joint defense counsel shall be selected by mutual agreement of PARTIESthe Members. PARTIES The Members agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 10.4 belowSection 9.4 of this Agreement. PARTIES The Members further agree that no PARTY Member may bind the others to a settlement agreement without the written consent of the othersall Members.
Appears in 2 contracts
Joint Defense. Notwithstanding paragraph 10.2 Subsection 12.2 above, in cases where PARTIES Parties agree in writing to a joint defense, PARTIES Parties may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of PARTIESParties. Joint defense counsel shall be selected by mutual agreement of PARTIESsaid Parties. PARTIES Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 10.4 Subsection 12.4 below. PARTIES Parties further agree that no PARTY Party may bind the others to a settlement agreement without the written consent of the others.
Appears in 2 contracts
Samples: Mutual Aid Agreement, Mutual Aid Agreement
Joint Defense. Notwithstanding paragraph 10.2 above, in In cases where PARTIES Parties agree in writing to a joint defense, PARTIES Parties may appoint joint defense counsel to defend the claim, action, action or proceeding arising out of the concurrent acts or omissions of PARTIESParties. Joint defense counsel shall be selected by mutual agreement of PARTIESParties. PARTIES Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 10.4 3 below. PARTIES Parties further agree that no PARTY Party may bind the others another to a settlement agreement without the written consent of the othersall Parties.
Appears in 1 contract
Samples: Memorandum of Understanding
Joint Defense. Notwithstanding paragraph 10.2 above, in In cases where PARTIES Parties agree in writing to a joint defense, PARTIES Parties may appoint joint defense counsel to defend the claim, action, action or proceeding arising out of the concurrent acts or omissions of PARTIESParties. Joint defense counsel shall be selected by mutual agreement of PARTIESParties. PARTIES Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 10.4 below. PARTIES Parties further agree that no PARTY party may bind the others another to a settlement agreement without the written consent of the othersall Parties.
Appears in 1 contract
Samples: Memorandum of Understanding
Joint Defense. Notwithstanding paragraph 10.2 abovethe above paragraph, in cases a case where PARTIES the Parties agree in writing to a joint defense, PARTIES the Parties may appoint joint defense counsel to defend the claim, action, action or proceeding arising out of the concurrent acts or omissions of PARTIESthe Parties. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES the Parties, and the Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in the following paragraph 10.4 below. PARTIES The Parties further agree that no PARTY neither party may bind the others other to a settlement agreement without the written consent of the othersboth Parties.
Appears in 1 contract
Samples: Partnership Agreement
Joint Defense. Notwithstanding paragraph 10.2 11.2 above, in cases where PARTIES Parties agree in writing to a joint defense, PARTIES Parties may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of PARTIESParties. Joint defense counsel shall be selected by mutual agreement of PARTIESsaid Parties. PARTIES Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 10.4 11.4 below. PARTIES Parties further agree that no PARTY Party may bind the others to a settlement agreement without the written consent of the others.
Appears in 1 contract
Samples: Mutual Aid Agreement