Common use of Owner Defense Requirements Clause in Contracts

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.