Common use of Obligations in the Event of Litigation Clause in Contracts

Obligations in the Event of Litigation. In the event that PSE is required to defend Conservancy in connection with any Proceedings, Conservancy shall have and retain the right to approve, which approval shall not be withheld unreasonably: • the counsel to so defend Conservancy; • all significant decisions concerning the manner in which the defense is conducted; and • any and all settlements. Conservancy shall also have and retain the right to decline to participate in the defense, except that Conservancy agrees to reasonably cooperate with PSE in the defense of the Proceedings. If Conservancy participates in the defense, all Conservancy fees and costs shall be paid by PSE. PSE’s defense and indemnification of Conservancy set forth herein shall remain in full force and effect throughout all stages of litigation including any and all appeals of any lower court judgments rendered in the Proceedings.

Appears in 4 contracts

Samples: Participating Special Entity Agreement, Participating Special Entity Agreement, Participating Special Entity Agreement

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Obligations in the Event of Litigation. In the event that PSE is required to defend Conservancy in connection with any Proceedings, Conservancy shall have and retain the right to approve, which approval shall not be withheld unreasonably: the counsel to so defend Conservancy; all significant decisions concerning the manner in which the defense is conducted; and any and all settlements. Conservancy shall also have and retain the right to decline to participate in the defense, except that Conservancy agrees to reasonably cooperate with PSE in the defense of the Proceedings. If Conservancy participates in the defense, all Conservancy fees and costs shall be paid by PSE. PSE’s defense and indemnification of Conservancy set forth herein shall remain in full force and effect throughout all stages of litigation including any and all appeals of any lower court judgments rendered in the Proceedings.

Appears in 3 contracts

Samples: Participating Special Entity Agreement, Participating Special Entity Agreement, Participating Special Entity Agreement

Obligations in the Event of Litigation. In the event that PSE is required to defend Conservancy in connection with any Proceedings, Conservancy shall have and retain the right to approve, which approval shall not be withheld unreasonably: • the counsel to so defend Conservancy; • all significant decisions concerning the manner in which the defense is conducted; and • any and all settlements. Conservancy shall also have and retain the right to decline to participate in the defense, except that Conservancy agrees to reasonably cooperate with PSE in the defense of the Proceedings. If Conservancy participates in the defense, all reasonable Conservancy fees and costs shall be paid by PSE. PSE’s defense and indemnification of Conservancy set forth herein shall remain in full force and effect throughout all stages of litigation including any and all appeals of any lower court judgments rendered in the Proceedings.

Appears in 1 contract

Samples: Participating Special Entity Agreement

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Obligations in the Event of Litigation. In the event that PSE is required to defend Conservancy Agency pursuant to Section 7.6 f this Agreement in connection with any Proceedings, Conservancy Agency shall have and retain the right to approve, which approval shall not be withheld unreasonably: the counsel to so defend ConservancyAgency; all significant decisions concerning the manner in which the defense is conducted; and any and all settlements. Conservancy Agency shall also have and retain the right to decline to participate in the defense, except that Conservancy Agency agrees to reasonably cooperate with PSE in the defense of the Proceedings. If Conservancy Agency participates in the defense, all Conservancy Agency fees and costs shall be paid by PSE. PSE’s defense and indemnification of Conservancy Agency set forth herein shall remain in full force and effect throughout all stages of litigation including any and all appeals of any lower court judgments rendered in the Proceedings.

Appears in 1 contract

Samples: Participating Special Entity Agreement

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