Owner Defense Requirements. Notwithstanding the foregoing defense obligations of the Architect, neither the Architect nor any attorney engaged by the Architect shall defend any claim in the name of the Owner, nor purport to act as legal representative of the Owner, without the prior written consent of the Owner’s General Counsel. The Owner may, at any time at its election assume its own defense and settlement in the event that it determines that the Architect is prohibited from defending the Owner, that Architect is not adequately defending the Owner’s interests, or that an important governmental principle is at issue or that it is in the best interests of the Owner to do so. The Owner reserves all
Owner Defense Requirements. Notwithstanding the foregoing defense obligations of the Consultant, neither the Consultant nor any attorney engaged by the Consultant shall defend any claim in the name of the Owner, nor purport to act as legal representative of the Owner, without the prior written consent of the Owner’s General Counsel. The Owner may, at any time at its election assume its own defense and settlement in the event that it determines that the Consultant is prohibited from defending the Owner, that Consultant is not adequately defending the Owner’s interests, or that an important governmental principle is at issue or that it is in the best interests of the Owner to do so. The Owner reserves all rights to pursue any claims it may have against the Consultant if the Owner elects to assume its own defense.
Owner Defense Requirements. Notwithstanding the obligations under Sections 4.5.1 and 4.5.2, neither Consultant nor any attorney engaged by Consultant shall defend any claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the prior written consent of the Oregon Attorney General. Owner may, at any time and at its election, assume its own defense and settlement of any claims in the event that: it determines that Consultant is prohibited from defending the State of Oregon; Consultant is not adequately defending the State of Oregon's interests; an important governmental principle is at issue; or it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Consultant if the State of Oregon elects to assume its own defense.
Owner Defense Requirements. Notwithstanding the foregoing defense obligations of the Architect, neither the Architect nor any attorney engaged by the Architect shall defend any claim in the name of the Owner or the State of Oregon, nor purport to act as legal representative of the Owner or the State of Oregon, without the prior written consent of the Southern Oregon University General Counsel. The Owner may, at any time at its election assume its own defense and settlement in the event that it determines that the Architect is prohibited from defending the Owner, that Architect is not adequately defending the Owner’s interests, or that an important governmental principle is at issue or that it is in the best interests of the Owner to do so. The Owner reserves all rights to pursue any claims it may have against the Architect if the Owner elects to assume its own defense.
Owner Defense Requirements. Notwithstanding the obligations under Sections 4.5.1 and 4.5.2, neither Consultant nor any attorney engaged by Consultant shall defend any claim in the name of the Owner, nor purport to act as legal representative of the Owner or any of its agencies, without the prior written consent of the Owner Oregon Attorney General. Owner may, at any time and at its election, assume its own defense and settlement of any claims in the event that: it determines that Consultant is prohibited from defending the Owner; Consultant is not adequately defending the Owner's interests; an important governmental principle is at issue; or it is in the best interests of the Owner to do so. The Owner reserves all rights to pursue any claims it may have against Consultant if the Owner elects to assume its own defense.
Owner Defense Requirements. Notwithstanding the foregoing defense obligations of the Design Professional, neither the Design Professional nor any attorney engaged by the Design Professional shall defend any claim in the name of the Owner, nor purport to act as legal representative of the Owner, without the prior written consent of the Owner’s General Counsel. The Owner may, at any time at its election assume its own defense and settlement in the event that it determines that the Design Professional is prohibited from defending the Owner, that Design Professional is not adequately defending the Owner’s interests, that an important governmental principle is at issue, or that it is in the best interests of the Owner to do so. The Owner reserves all rights to pursue any claims it may have against the Design Professional if the Owner elects to assume its own defense.
Owner Defense Requirements. Notwithstanding the foregoing defense obligations, neither Consultant nor any attorney engaged by Consultant shall defend any claim in the name of County, nor purport to act as legal representative of County or any of its agencies, without the prior written consent of County. County may assume its own defense and settlement of any claims, and reserves all rights to pursue any claims it may have against Consultant.
Owner Defense Requirements. Design-Builder Indemnity, Hold Harmless & Defense of Owner. Notwithstanding the defense obligations of the Design-Builder under this Agreement, the General Conditions or any other Contract Document, neither the Design-Builder nor any attorney engaged by Design-Builder may defend any claim in the name of the Owner nor purport to act as legal representative of the Owner without the prior written consent of the Owner. The Owner, at any time at their election may each assume their own defense and settlement if they determine that Design-Builder is prohibited from defending that entity, that Design-Builder is not adequately defending such party’s interests, or that an important governmental principle is at issue or that it is in the best interests of that entity to do so. The Owner reserves all rights to pursue any claims they may have against Design-Builder, if the Owner, elects to assume its own defense.
Owner Defense Requirements. Notwithstanding the obligations under Sections 10.1 and 10.2, neither Consultant nor any attorney engaged by Consultant shall defend any claim in the name of Owner, nor purport to act as legal representative of Owner, without the prior written consent of Owner. At any time and at its election, Owner may assume its own defense and settlement of any claims if:
(i) Owner determines that Consultant is prohibited from defending Owner;
(ii) Consultant is not adequately defending Owner’s interests;
(iii) an important governmental principle is at issue; or
(iv) it is in the best interests of Owner to do so. Owner reserves all rights to pursue any claims it may have against Consultant if Owner elects to assume its own defense.
Owner Defense Requirements. Notwithstanding the foregoing defense obligations of the Engineer, neither the Engineer nor any attorney engaged by the Engineer shall defend any claim in the name of the Owner, nor purport to act as legal representative of the Owner, without the prior written consent of the Oregon Institute of Technology General Counsel. The Owner may, at any time at its election assume its own defense and settlement in the event that it determines that the Engineer is prohibited from defending the Owner, that Engineer is not adequately defending the Owner’s interests, or that an important governmental principle is at issue or that it is in the best interests of the Owner to do so. The Owner reserves all rights to pursue any claims it may have against the Engineer if the Owner elects to assume its own defense.
