Common use of Mandatory Assistance Clause in Contracts

Mandatory Assistance. Except for Claims as defined in this Agreement, if a third party dispute or litigation, or both, arises out of, or relates in any way to the Services provided under this Agreement, upon the District's request, the Architect, its agents, officers, and employees agree to assist in resolving the dispute or litigation. The Architect's assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation (“Mandatory Assistance”). The District will compensate the Architect for fees incurred for providing Mandatory Assistance as Extra Services under Exhibit B. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of the Architect, its agents, officers, and employees, the Architect shall reimburse the District. The District is then entitled to reimbursement of all fees paid to the Architect, its agents, officers, and employees for Mandatory Assistance.

Mandatory Assistance. Except for Claims as defined in this Agreement, if a third party dispute or litigation, or both, arises out of, or relates in any way to the Services provided under this Agreement, upon the District's request, the Architect, its agents, officers, and employees agree to assist in resolving the dispute or litigation. The Architect's assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation (“Mandatory Assistance”). The District will compensate the Architect for fees incurred for providing Mandatory Assistance as Extra Services under Exhibit B. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third party dispute or litigation, or both, to be attributable in whole, or in part, to the acts negligent acts, errors, or omissions of the Architect, its agents, officers, and employees, the Architect shall reimburse the DistrictDistrict based on its final determined percentage of proportionate fault. The determination of Architect’s proportionate percentage of fault shall be determined consistent with the procedure set forth in the “Architect Indemnity” provisions of this Agreement. The District is then entitled to reimbursement of all fees paid to the Architect, its agents, officers, and employees for Mandatory Assistance.

Mandatory Assistance. Except for Claims as defined in this Agreement, if a third third-party dispute or litigation, or both, arises out of, or relates in any way to the Services provided under this Agreement, upon the District's ’s request, the Architect, its agents, officers, and employees agree to assist in resolving the dispute or litigation. The Architect's ’s assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation (“Mandatory Assistance”). The District will compensate the Architect for fees incurred for Architect incurs in providing Mandatory Assistance as Extra Services under Exhibit B. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third third-party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of the Architect, its Consultants, agents, officers, and employees, the Architect shall reimburse District the District. The District is then entitled to reimbursement of all fees paid to the Architect, its agents, officers, and employees for Mandatory Assistance.

Mandatory Assistance. Except for Claims as defined in this Agreement, if a third party third‐party dispute or litigation, or both, arises out of, or relates in any way to the Services provided under this Agreement, upon the District's ’s request, the Architect, its agents, officers, and employees agree to assist in resolving the dispute or litigation. The Architect's ’s assistance includes, but is not limited to, providing professional consultations, attending mediations, arbitrations, depositions, trials or any event related to the dispute resolution and/or litigation (“Mandatory Assistance”). The District will compensate the Architect for fees incurred for Architect incurs in providing Mandatory Assistance as Extra Services under Exhibit B. If, however, the fees incurred for the Mandatory Assistance are determined, through resolution of the third party third‐party dispute or litigation, or both, to be attributable in whole, or in part, to the acts or omissions of the Architect, its Consultants, agents, officers, and employees, the Architect shall reimburse District the District. The District is then entitled to reimbursement of all fees paid to the Architect, its agents, officers, and employees for Mandatory Assistance.