Obligations to Defend Validity of Agreement. If litigation is filed by a third party against the Company or the City in an effort to enjoin either party's performance of this Agreement, the parties hereto shall take all commercially reasonable steps to support and defend the validity and enforceability of this Agreement. Either party may intervene in any such matter in which the other party hereto has been named as a defendant. Each party shall be responsible for its Legal Costs (defined in Section 6.24).
Appears in 2 contracts
Samples: Entertainment Center Development Agreement, Entertainment Center Development Agreement
Obligations to Defend Validity of Agreement. If litigation is filed by a an unaffiliated third party against the Company or the City in an effort to enjoin either party's Party’s performance of this Agreement, as long as the parties Company is not in default of this Agreement, the Parties hereto shall take all commercially reasonable steps to support and defend the validity and enforceability of this Agreement. Either party Party may intervene in any such matter in which the other party hereto has been named as a defendant. Each party shall be responsible for its Legal Costs (defined in Section 6.24)legal costs.
Appears in 2 contracts
Samples: Economic Development Incentive Agreement, Economic Development Incentive Agreement
Obligations to Defend Validity of Agreement. If litigation is filed by a third party against the Company Arena Group or the City in an effort to enjoin either party's ’s performance of this Agreement, the parties hereto who are named as parties in such action shall take all commercially reasonable steps to support and defend the validity and enforceability of this Agreement. Either party may intervene in any such matter in which the other party hereto has been named as a defendant. Each party shall be responsible for its Legal Costs (defined in Section 6.24)attorneys’ fees and costs of litigation.
Appears in 1 contract
Samples: Master Agreement
