Common use of Notice and Legal Defense Clause in Contracts

Notice and Legal Defense. Promptly after receipt by a Party of any claim or notice of the commencement of any action, administrative or legal proceeding, or investigation as to which the indemnity provided for in Section 13.1, 13.2, 13.3 or 13.4 hereof may apply, such Party shall notify the other Party in writing of such fact. Contractor or Owner, as the case may be, shall assume on behalf of the indemnified party and conduct with due diligence and in good faith the defense thereof with counsel reasonably satisfactory to the indemnified party; provided, that the indemnified party shall have the right to be represented therein by advisory counsel of its own selection and at its own expense; and provided further, that if the defendants in any such action include both Contractor or Owner and any indemnified party and the indemnified party shall have reasonably concluded that there may be legal defenses available to it which are different from or additional to, or inconsistent with, those available to Contractor or Owner, the indemnified party shall have the right to select separate counsel to participate in the defense of such action on its own behalf at the expense of the indemnified party.

Notice and Legal Defense. Promptly after receipt by a Party of any claim or notice of the commencement of any action, administrative or legal proceeding, or investigation as to which the indemnity provided for in Section 13.1, 13.2, 13.3 or 13.4 hereof may apply, such Party shall notify the other Party in writing of such fact. Contractor or Owner, as the case may be, shall assume on behalf of the indemnified party and conduct with due diligence and in good faith the defense thereof with counsel reasonably satisfactory to the indemnified party; provided, PROVIDED that the indemnified party shall have the right to be represented therein by advisory counsel of its own selection and at its 95 own expense; and provided furtherPROVIDED FURTHER, that if the defendants in any such action include both Contractor or Owner and any indemnified party and the indemnified party shall have reasonably concluded that there may be legal defenses available to it which are different from or additional to, or inconsistent with, those available to Contractor or Owner, the indemnified party shall have the right to select separate counsel to participate in the defense of such action on its own behalf at the expense of the indemnified party.

Notice and Legal Defense. Promptly after receipt by a an Indemnifying Party of any claim or notice of the commencement of any action, administrative or legal proceeding, or investigation as to which the indemnity in favor of the Indemnified Parties provided for in Section 13.1, 13.2, 13.2 or 13.3 or 13.4 hereof may my apply, such the Indemnifying Party shall notify the other Party in writing of such fact. Contractor or Owner, as the case may be, shall assume on behalf of the indemnified party Indemnified Parties and conduct with due diligence and in good faith the defense thereof with counsel reasonably satisfactory to the indemnified partyIndemnified Party; provided, provided that (a) the indemnified party Indemnified Party shall have the right to be represented therein by advisory counsel of its own selection and at its own expense; , and provided further, that (b) if the defendants in any such action include both Contractor or Owner and any indemnified party Indemnifying Party and the indemnified party Indemnified Party and the Indemnified Party shall have reasonably concluded that there may be legal defenses available to it which are different from or from, additional to, to or inconsistent with, with those available to Contractor or OwnerIndemnifying Party, then the indemnified party Indemnified Party shall have the right to select separate counsel to participate in the defense of such action on its own behalf at the expense of the indemnified partyIndemnifying Party’s expense.