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, the State of Oregon, or purport to act as legal representative of the Owner or the State of Oregon, without the prior written consent of the Owner. The Owner may at anytime elect to 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, 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 1 contract
Samples: Master Contract for Building Program Management/Construction Management Services
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, the State of Oregon, or nor purport to act as legal representative of the Owner or the State of OregonOwner, without the prior written consent of the OwnerOregon State University General Counsel. The Owner may may, at anytime elect to 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, 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 1 contract
Samples: Consultant Agreement
Owner Defense Requirements. Notwithstanding the foregoing defense obligations of the Consultantunder Sections 4.5.1 and 4.5.2, neither the Consultant nor any attorney engaged by the Consultant shall defend any claim in the name of the Owner, the State of Oregon, or nor purport to act as legal representative of the Owner or the State any of Oregonits agencies, without the prior written consent of the OwnerOwner Oregon Attorney General. The Owner may may, at anytime elect to any time and at its election, assume its own defense and settlement of any claims in the event that that: it determines that the Consultant is prohibited from defending the Owner, that ; Consultant is not adequately defending the Owner’s '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 Consultant if the Owner elects to assume its own defense.
Appears in 1 contract
Samples: Energy Savings Performance Contract
Owner Defense Requirements. Notwithstanding the foregoing defense obligations of the Consultantunder Sections 4.5.1 and 4.5.2, neither the Consultant nor any attorney engaged by the Consultant shall defend any claim in the name of the Owner, the State of Oregon, or nor purport to act as legal representative of the Owner or the State any of Oregonits agencies, without the prior written consent of the OwnerOregon Attorney General. The Owner may may, at anytime elect to any time and at its election, assume its own defense and settlement of any claims in the event that that: it determines that the Consultant is prohibited from defending the Owner, that ; Consultant is not adequately defending the Owner’s '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 Consultant if the Owner elects to assume its own defense.
Appears in 1 contract
Samples: Energy Savings Performance Contract
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, the State of Oregon or any agency of the State of Oregon, or nor purport to act as legal representative of the Owner or Owner, the State of OregonOregon or any of its agencies, without the prior written consent of the Owner. The Owner may may, at anytime elect to 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, 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 1 contract
Samples: Consultant Agreement