Common use of Owner Defense Requirements Clause in Contracts

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.