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.
Appears in 6 contracts
Samples: Consultant Agreement, Professional Services, Consultant Agreement
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.of
Appears in 2 contracts
Samples: Consultant Agreement, Consultant Agreement
Owner Defense Requirements. Notwithstanding the foregoing defense obligations of the ConsultantContractor, neither the Consultant Contractor nor any attorney engaged by the Consultant Contractor 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 Contractor is prohibited from defending the Owner, that Consultant Contractor 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 Contractor if the Owner elects to assume its own defense.
Appears in 2 contracts
Samples: Technical Services Agreement, Contractor’s Agreement for Technical Services
Owner Defense Requirements. Notwithstanding the foregoing defense obligations of the Consultantunder Sections 10.1 and 10.2, 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 At any time and at its election election, Owner may assume its own defense and settlement in the event that it of any claims if:
(i) Owner determines that the Consultant is prohibited from defending the Owner, that ;
(ii) Consultant is not adequately defending the Owner’s interests, or that ;
(iii) an important governmental principle is at issue or that issue; or
(iv) 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.
Appears in 1 contract
Samples: Professional Services