Common use of Owner’s Right to Approve Counsel and Participate in Defense of Claims Clause in Contracts

Owner’s Right to Approve Counsel and Participate in Defense of Claims. Except to the extent that Contractor is not permitted to approve legal counsel appointed by its insurer to defend a Claim against an Indemnified Party under this Article 22.05, the Indemnified Party reserves the right to participate in the approval of such appointed counsel. If an Indemnified Party does not have the right to approve of such appointed legal counsel, the Indemnified Party shall have the right to have independent legal counsel of its own choice participate with the appointed legal counsel at the Indemnified Party’s expense in the defense of the Claim. In addition to the foregoing, an Indemnified Party shall have the right to assert against any third party any and all cross claims and counterclaims that an Indemnified Party has against the third party claimant, and to attend and participate in all conferences concerning the defense and or settlement of the Claim against the Indemnified Party through the Indemnified Party’s independent counsel and/or its own designated management representative; however, to the extent such participation is not otherwise required or requested by appointed counsel for the defense of the Claim, such participation shall be at the Indemnified Party 's expense.

Owner’s Right to Approve Counsel and Participate in Defense of Claims. Except to the extent that Contractor Program Manager is not permitted to approve legal counsel appointed by its insurer to defend a Claim claim against an Indemnified Party Owner Indemnitee under this Article 22.05Section VIII, the Indemnified Party Owner Indemnitee reserves the right to participate in the approval of such appointed counsel. If an Indemnified Party Owner Indemnitee does not have the right to approve of such appointed legal counsel, the Indemnified Party Owner Indemnitee shall have the right to have independent legal counsel of its own choice participate with the appointed legal counsel at the Indemnified PartyOwner’s expense in the defense of the Claimclaim. In addition to the foregoing, an Indemnified Party Owner Indemnitee shall have the right to assert against any third party any and all cross claims and counterclaims that an Indemnified Party Owner Indemnitee has against the third party claimant, and to attend and participate in all conferences concerning the defense and or settlement of the Claim claim against the Indemnified Party Owner Indemnitee through the Indemnified PartyOwner Indemnitee’s independent counsel and/or its own designated management representative; however, to the extent such participation is not otherwise required or requested by appointed counsel for the defense of the Claimclaim, such participation shall be at the Indemnified Party 's Owner’s expense.