Common use of Notice and Defense Process Clause in Contracts

Notice and Defense Process. If any claim, action or proceeding is made or brought against any of the Indemnitees by reason of any event for which Tenant has agreed to indemnify the Indemnitees in Section 19.01, then, upon demand by the FCRHA, Tenant shall resist or defend such claim, action or proceeding (in such Indemnitee’s name, if necessary) by the attorneys for Tenant’s insurance carrier (if such claim, action or proceeding is covered by insurance maintained by Tenant) or (in all other instances) by such attorneys as Tenant shall select and the FCRHA shall approve, which approval shall not be unreasonably withheld. The foregoing notwithstanding, and except with respect to personal injury or other liability claims within the coverage limits afforded by Tenant’s liability insurance and being defended by attorneys for, or approved by, Tenant’s insurance carrier, the FCRHA may, following such consultation with Tenant as to the necessity of such engagement and the choice of such attorneys as is reasonable under the circumstances, engage its own attorneys to defend or to assist in its defense of such claim, action or proceeding and Tenant shall pay the reasonable fees and disbursements of such attorneys. Tenant shall control the settlement of any such claim, action, or proceeding. The FCRHA’s consent to any such settlement shall not be required if such settlement provides solely for the payment of money and does not impose any other liability on the FCRHA; otherwise the FCRHA’s consent to a proposed settlement will be required, provided such consent will not be unreasonably withheld.

Notice and Defense Process. If any claim, action or proceeding is made or brought against any of the Indemnitees by reason of any event for which Tenant has agreed to indemnify the Indemnitees in Section 19.01, then, upon demand by the FCRHALandlord, Tenant shall resist or defend such claim, action or proceeding (in such Indemnitee’s name, if necessary) by the attorneys for Tenant’s insurance carrier (if such claim, action or proceeding is covered by insurance maintained by Tenant) or (in all other instances) by such attorneys as Tenant shall select and the FCRHA Landlord shall approve, which approval shall not be unreasonably withheld. The foregoing notwithstanding, and except with respect to personal injury or other liability claims within the coverage limits afforded by Tenant’s liability insurance and being defended by attorneys for, or approved by, Tenant’s insurance carrier, the FCRHA Landlord may, following such consultation with Tenant as to the necessity of such engagement and the choice of such attorneys as is reasonable under the circumstances, engage its own attorneys to defend or to assist in its defense of such claim, action or proceeding and Tenant shall pay the reasonable fees and disbursements of such attorneys. Tenant shall control the settlement of any such claim, action, or proceeding. The FCRHA’s Landlord’ s consent to any such settlement shall not be required if such settlement provides solely for the payment of money and does not impose any other liability on the FCRHALandlord; otherwise the FCRHALandlord’s consent to a proposed settlement will be required, provided such consent will not be unreasonably withheld.

Notice and Defense Process. If any claim, action or proceeding is made or brought against any of the Indemnitees by reason of any event for which Tenant Xxxxxx has agreed to indemnify the Indemnitees in Section 19.01, then, upon demand by the FCRHALandlord, Tenant shall Xxxxxx will resist or defend such claim, action or proceeding (in such Indemnitee’s name, if necessary) by the attorneys for Tenant’s insurance carrier (if such claim, action or proceeding is covered by insurance maintained by Tenant) or (in all other instances) by such attorneys as Tenant shall will select and the FCRHA shall Landlord will approve, which approval shall will not be unreasonably withheld. The foregoing notwithstandingAdditionally, and except with respect to personal injury or other liability claims within the coverage limits afforded by TenantXxxxxx’s liability insurance and being defended by attorneys for, or approved by, TenantXxxxxx’s insurance carrier, the FCRHA Landlord may, following such consultation with Tenant as to the necessity of such engagement and the choice of such attorneys as is Xxxxxx, if reasonable under the circumstances, engage its own attorneys to defend or to assist in its defense of such claim, action or proceeding and Tenant shall will pay the reasonable fees and disbursements of such attorneys. Tenant shall will control the settlement of any such claim, action, or proceeding. The FCRHALandlord’s consent to any such settlement shall will not be required if such settlement provides solely for the payment of money and does not impose any other liability on the FCRHALandlord; otherwise the FCRHAotherwise, Xxxxxxxx’s consent to a proposed settlement will be required, provided such consent will not be unreasonably withheld.

Notice and Defense Process. If any claim, action or proceeding is made or brought against any of the Indemnitees by reason of any event for which Tenant Xxxxxx has agreed to indemnify the Indemnitees in Section 19.01, then, upon demand by the FCRHALandlord, Tenant shall Xxxxxx will resist or defend such claim, action or proceeding (in such Indemnitee’s name, if necessary) by the attorneys for Tenant’s insurance carrier (if such claim, action or proceeding is covered by insurance maintained by Tenant) or (in all other instances) by such attorneys as Tenant shall will select and the FCRHA shall Landlord will approve, which approval shall will not be unreasonably withheld. The foregoing notwithstandingAdditionally, and except with respect to personal injury or other liability claims within the coverage limits afforded by Tenant’s liability insurance and being defended by attorneys for, or approved by, TenantXxxxxx’s insurance carrier, the FCRHA Landlord may, following such consultation with Tenant as to the necessity of such engagement and the choice of such attorneys as is Xxxxxx, if reasonable under the circumstances, engage its own attorneys to defend or to assist in its defense of such claim, action or proceeding and Tenant shall will pay the reasonable fees and disbursements of such attorneys. Tenant shall will control the settlement of any such claim, action, or proceeding. The FCRHALandlord’s consent to any such settlement shall will not be required if such settlement provides solely for the payment of money and does not impose any other liability on the FCRHALandlord; otherwise the FCRHAotherwise, Xxxxxxxx’s consent to a proposed settlement will be required, provided such consent will not be unreasonably withheld.

Notice and Defense Process. If any claim, action or proceeding is made or brought against any of the Indemnitees by reason of any event for which Tenant has agreed to indemnify the Indemnitees in Section 19.01, then, upon demand by the FCRHALandlord, Tenant shall resist or defend such claim, action or proceeding (in such Indemnitee’s name, if necessary) by the attorneys for Tenant’s insurance carrier (if such claim, action or proceeding is covered by insurance maintained by Tenant) or (in all other instances) by such attorneys as Tenant shall select and the FCRHA Landlord shall approve, which approval shall not be unreasonably withheld. The foregoing notwithstandingAdditionally, and except with respect to personal injury or other liability claims within the coverage limits afforded by Tenant’s liability insurance and being defended by attorneys for, or approved by, Tenant’s insurance carrier, the FCRHA Landlord may, following such consultation with Tenant as to the necessity of such engagement and the choice of such attorneys as is Tenant, if reasonable under the circumstances, engage its own attorneys to defend or to assist in its defense of such claim, action or proceeding and Tenant shall pay the reasonable fees and disbursements of such attorneys. Tenant shall control the settlement of any such claim, action, or proceeding. The FCRHALandlord’s consent to any such settlement shall not be required if such settlement provides solely for the payment of money and does not impose any other liability on the FCRHALandlord; otherwise the FCRHALandlord’s consent to a proposed settlement will be required, provided such consent will not be unreasonably withheld.withheld.‌

Notice and Defense Process. If any claim, action or proceeding is made or brought against any of the Indemnitees by reason of any event for which Tenant Xxxxxx has agreed to indemnify the Indemnitees in Section 19.01, then, upon demand by the FCRHALandlord, Tenant shall resist or defend such claim, action or proceeding (in such Indemnitee’s name, if necessary) by the attorneys for Tenant’s insurance carrier (if such claim, action or proceeding is covered by insurance maintained by Tenant) or (in all other instances) by such attorneys as Tenant shall select and the FCRHA Landlord shall approve, which approval shall not be unreasonably withheld. The foregoing notwithstanding, and except with respect to personal injury or other liability claims within the coverage limits afforded by Tenant’s liability insurance and being defended by attorneys for, or approved by, TenantXxxxxx’s insurance carrier, the FCRHA Landlord may, following such consultation with Tenant Xxxxxx as to the necessity of such engagement and the choice of such attorneys as is reasonable under the circumstances, engage its own attorneys to defend or to assist in its defense of such claim, action or proceeding and Tenant shall pay the reasonable fees and disbursements of such attorneys. Tenant shall control the settlement of any such claim, action, or proceeding. The FCRHA’s Landlord’ s consent to any such settlement shall not be required if such settlement provides solely for the payment of money and does not impose any other liability on the FCRHALandlord; otherwise the FCRHALandlord’s consent to a proposed settlement will be required, provided such consent will not be unreasonably withheld.

Notice and Defense Process. If any claim, action or proceeding is made or brought against any of the Indemnitees by reason of any event for which Tenant has agreed to indemnify the Indemnitees in Section 19.01, then, upon demand by the FCRHALandlord, Tenant shall will resist or defend such claim, action or proceeding (in such Indemnitee’s name, if necessary) by the attorneys for Tenant’s insurance carrier (if such claim, action or proceeding is covered by insurance maintained by Tenant) or (in all other instances) by such attorneys as Tenant shall will select and the FCRHA shall Landlord will approve, which approval shall will not be unreasonably withheld. The foregoing notwithstandingAdditionally, and except with respect to personal injury or other liability claims within the coverage limits afforded by Tenant’s liability insurance and being defended by attorneys for, or approved by, Tenant’s insurance carrier, the FCRHA Landlord may, following such consultation with Tenant as to the necessity of such engagement and the choice of such attorneys as is Tenant, if reasonable under the circumstances, engage its own attorneys to defend or to assist in its defense of such claim, action or proceeding and Tenant shall will pay the reasonable fees and disbursements of such attorneys. Tenant shall will control the settlement of any such claim, action, or proceeding. The FCRHALandlord’s consent to any such settlement shall will not be required if such settlement provides solely for the payment of money and does not impose any other liability on the FCRHALandlord; otherwise the FCRHAotherwise, Landlord’s consent to a proposed settlement will be required, provided such consent will not be unreasonably withheld.

Notice and Defense Process. If any claim, action or proceeding is made or brought against any of the Indemnitees by reason of any event for which Tenant has agreed to indemnify the Indemnitees in Section 19.01, then, upon demand by the FCRHALandlord, Tenant shall resist or defend such claim, action or proceeding (in such Indemnitee’s name, if necessary) by the attorneys for Tenant’s insurance carrier (if such claim, action or proceeding is covered by insurance maintained by Tenant) or (in all other instances) by such attorneys as Tenant shall select and the FCRHA Landlord shall approve, which approval shall not be unreasonably withheld. The foregoing notwithstandingAdditionally, and except with respect to personal injury or other liability claims within the coverage limits afforded by Tenant’s liability insurance and being defended by attorneys for, or approved by, Tenant’s insurance carrier, the FCRHA Landlord may, following such consultation with Tenant as to the necessity of such engagement and the choice of such attorneys as is Tenant, if reasonable under the circumstances, engage its own attorneys to defend or to assist in its defense of such claim, action or proceeding and Tenant shall pay the reasonable fees and disbursements of such attorneys. Tenant shall control the settlement of any such claim, action, or proceeding. The FCRHALandlord’s consent to any such settlement shall not be required if such settlement provides solely for the payment of money and does not impose any other liability on the FCRHALandlord; otherwise the FCRHALandlord’s consent to a proposed settlement will be required, provided such consent will not be unreasonably withheld.. Survival. The provisions of this Article 19 shall survive the Expiration Date with respect to actions or the failure to take any actions or any other matter arising prior to the Expiration Date. LANDLORD’S RIGHT OF INSPECTION;

Notice and Defense Process. If any claim, action or proceeding is made or brought against any of the Indemnitees by reason of any event for which Tenant Xxxxxx has agreed to indemnify the Indemnitees in Section 19.01, then, upon demand by the FCRHALandlord, Tenant shall resist or defend such claim, action or proceeding (in such Indemnitee’s name, if necessary) by the attorneys for Tenant’s insurance carrier (if such claim, action or proceeding is covered by insurance maintained by Tenant) or (in all other instances) by such attorneys as Tenant shall select and the FCRHA Landlord shall approve, which approval shall not be unreasonably withheld. The foregoing notwithstanding, and except with respect to personal injury or other liability claims within the coverage limits afforded by TenantXxxxxx’s liability insurance and being defended by attorneys for, or approved by, TenantXxxxxx’s insurance carrier, the FCRHA Landlord may, following such consultation with Tenant Xxxxxx as to the necessity of such engagement and the choice of such attorneys as is reasonable under the circumstances, engage its own attorneys to defend or to assist in its defense of such claim, action or proceeding and Tenant shall pay the reasonable fees and disbursements of such attorneys. Tenant shall control the settlement of any such claim, action, or proceeding. The FCRHALandlord’s consent to any such settlement shall not be required if such settlement provides solely for the payment of money and does not impose any other liability on the FCRHALandlord; otherwise the FCRHALandlord’s consent to a proposed settlement will be required, provided such consent will not be unreasonably withheld.withheld.‌‌

Notice and Defense Process. If any claim, action or proceeding is made or brought against any of the Indemnitees by reason of any event for which Tenant has agreed to indemnify the Indemnitees in Section 19.01, then, upon demand by the FCRHALandlord, Tenant shall resist or defend such claim, action or proceeding (in such Indemnitee’s name, if necessary) by the attorneys for Tenant’s insurance carrier (if such claim, action or proceeding is covered by insurance maintained by Tenant) or (in all other instances) by such attorneys as Tenant shall select and the FCRHA Landlord shall approve, which approval shall not be unreasonably withheld. The foregoing notwithstanding, and except with respect to personal injury or other liability claims within the coverage limits afforded by Tenant’s liability insurance and being defended by attorneys for, or approved by, Tenant’s insurance carrier, the FCRHA Landlord may, following such consultation with Tenant as to the necessity of such engagement and the choice of such attorneys as is reasonable under the circumstances, engage its own attorneys to defend or to assist in its defense of such claim, action or proceeding and Tenant shall pay the reasonable fees and disbursements of such attorneys. Tenant shall control the settlement of any such claim, action, or proceeding. The FCRHALandlord’s consent to any such settlement shall not be required if such settlement provides solely for the payment of money and does not impose any other liability on the FCRHALandlord; otherwise the FCRHALandlord’s consent to a proposed settlement will be required, provided such consent will not be unreasonably withheld.

Notice and Defense Process. If any claim, action or proceeding is made or brought against any of the Indemnitees by reason of any event for which Tenant has agreed to indemnify the Indemnitees in Section 19.01, then, upon demand by the FCRHALandlord, Tenant shall resist or defend such claim, action or proceeding (in such Indemnitee’s name, if necessary) by the attorneys for Tenant’s insurance carrier (if such claim, action or proceeding is covered by insurance maintained by Tenant) or (in all other instances) by such attorneys as Tenant shall select and the FCRHA Landlord shall approve, which approval shall not be unreasonably withheld. The foregoing notwithstanding, and except with respect to personal injury or other liability claims within the coverage limits afforded by Tenant’s liability insurance and being defended by attorneys for, or approved by, Tenant’s insurance carrier, the FCRHA Landlord may, following such consultation with Tenant as to the necessity of such engagement and the choice of such attorneys as is reasonable under the circumstances, engage its own attorneys to defend or to assist in its defense of such claim, action or proceeding and Tenant shall pay the reasonable fees and disbursements of such attorneys. Tenant shall control the settlement of any such claim, action, or proceeding. The FCRHALandlord’s consent to any such settlement shall not be required if such settlement provides solely for the payment of money and does not impose any other liability on the FCRHALandlord; otherwise the FCRHALandlord’s consent to a proposed settlement will be required, provided such consent will not be unreasonably withheld.withheld.‌‌