Participation in and Control of Defense Sample Clauses

Participation in and Control of Defense. If a Defending Party defends a Protected Party in a lawsuit, arbitration, negotiation, or other proceeding (“dispute”) concerning a Claim pursuant to this Agreement, the Protected Party shall have the right to engage separate counsel, at the Protected Party’s expense, to monitor and advise the Protected Party about the status and progress of the defense. 8.3.1 With respect to any issue involved in such dispute as to which the Defending Party has acknowledged the obligation to indemnify the Protected Party, the Defending Party shall have the sole right to control the defense of (and/or settle or otherwise dispose of) the dispute on such terms as the Defending Party in its judgment deems appropriate 8.3.2 To be entitled to sole control of the defense, upon request by the Protected Party, the Defending Party shall demonstrate to the reasonable satisfaction of the Protected Party the Defending Party’s financial ability to carry out its defense obligations (and its indemnity obligations if any).
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Participation in and Control of Defense. If Contractor Defends DCH in a lawsuit, arbitration, negotiation, or other proceeding concerning a Claim pursuant to this Agreement: (i) DCH will have the right to engage separate counsel, at Contractor's expense, to monitor and advise DCH about the status and progress of the matter. (ii) With respect to any issue involved in a matter as to which Contractor has acknowledged the obligation to Indemnify DCH, Contractor will have the sole right to control the Defense of (and/or to settle or otherwise dispose of) the matter on such terms as Contractor in its judgment deems appropriate, provided the Office of the Attorney General of the State of Georgia notifies DCH that it is satisfied that Contractor has the financial ability to carry out its Defense obligations (and its Indemnity obligations if any).
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Participation in and Control of Defense. If a Defending Party defends a Protected Party in a lawsuit, arbitration, negotiation, or other proceeding ("dispute") concerning a Claim pursuant to this Agreement, the Protected Party shall have the right to engage separate counsel, at the Protected Party's expense, to monitor and advise the Protected Party about the status and progress of the defense.
Sample 1
Participation in and Control of Defense. If RADIOMED is obligated to defend NASI in a lawsuit, arbitration, negotiation, or other proceeding concerning a claim pursuant to this Agreement, NASI shall have the right to engage separate counsel, at NASI's expense, to monitor and advise NASI about the status and progress of the defense or to otherwise represent the interests of NASI. To be entitled to sole control of the defense, upon request by NASI, RADIOMED shall demonstrate, to the reasonable satisfaction of NASI, RADIOMED's financial ability to carry out its defense obligations (and its indemnity obligations, if any). NASI shall in any event provide such cooperation and assistance in the conduct of any such defense as RADIOMED may reasonably request.
Sample 1
Participation in and Control of Defense. If either party is obligated to defend the other in a lawsuit, arbitration, negotiation, or other proceeding concerning a claim pursuant to this Agreement, the indemnified party shall have the right to engage separate counsel, at its own cost and expense, to monitor and advise such indemnified party about the status and progress of the defense or to otherwise represent the interests of the indemnified party. To be entitled to sole control of the defense, upon request by the indemnified party, the indemnifying party shall demonstrate, to the reasonable satisfaction of the indemnified party the financial ability of the indemnifying party to carry out its defense obligations (and its indemnity obligations, if any).
Sample 1
Participation in and Control of Defense. If a Defending Party defends a Protected Party in a lawsuit, arbitration, negotiation, or other proceeding ("dispute") concerning a Claim pursuant to this Agreement, the Protected Party will have the right to engage separate counsel, at the Defending Party's expense, to monitor and advise the Protected Party about the status and progress of the defense. 15.3.1. With respect to any issue involved in such dispute as to which the Defending Party has acknowledged the obligation to indemnify the Protected Party, the Defending Party will have the sole right to control the Defense of (and or to settle or otherwise dispose of) the dispute on such terms as the Defending Party in its judgment deems appropriate.
Sample 1
Participation in and Control of Defense. If NAMS is obligated to defend MENTOR in a lawsuit, arbitration, negotiation, or other proceeding concerning a claim pursuant to this Agreement, MENTOR shall have the right to engage separate counsel, at MENTOR's expense, to monitor and advise MENTOR about the status and progress of the defense or to otherwise represent the interests of MENTOR. To be entitled to sole control of the defense, upon request by MENTOR, NAMS shall demonstrate, to the reasonable satisfaction of MENTOR, NAMS's financial ability to carry out its defense obligations (and its indemnity obligations, if any). MENTOR shall in any event provide such cooperation and assistance in the conduct of any such defense as NAMS may reasonably request.
Sample 1
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Participation in and Control of Defense. If MENTOR is obligated or elects to defend NAMS in a lawsuit, arbitration, negotiation, or other proceeding concerning a claim pursuant to this Agreement, NAMS shall have the right to engage separate counsel, at NAMS's expense, to monitor and advise NAMS about the status and progress of the defense or to otherwise represent the interests of NAMS. To be entitled to sole control of the defense, upon request by NAMS, MENTOR shall demonstrate, to the reasonable satisfaction of NAMS, its financial ability to carry out its defense obligations (and its indemnity obligations, if any).
Sample 1

Related to Participation in and Control of Defense

  • PARTICIPATION IN CENTRALIZED CONTRACTS a. Agencies All State Agencies may utilize and purchase under any Centralized Contract let by the Commissioner, unless the Bid Documents limit purchases to specific State Agencies. b. Non-State Agency Authorized Users Authorized Users other than State Agencies are permitted to make purchases through Centralized Contracts where permitted by law, the Contract or the Commissioner. c. Voluntary Extension Purchase Orders issued against a Centralized Contract by any Authorized User not provided for in the Bid Specifications shall be honored by the Contractor at its discretion and only with the approval of the OGS Commissioner and any other approvals required by law. Contractors are encouraged to voluntarily extend service Contracts to those additional entities authorized to utilize commodity Contracts under Section 163(3)(a)(iv) of the State Finance Law. d. Responsibility for Performance Participation in Centralized Contracts by Authorized Users is permitted upon the following conditions: (i) the responsibility with regard to performance of any contractual obligation, covenant, condition or term thereunder by any Authorized User other than State Agencies shall be borne and is expressly assumed by such Authorized User and not by the State; (ii) a breach of the Contract by any particular Authorized User shall neither constitute nor be deemed a breach of the Contract as a whole which shall remain in full force and effect, and shall not affect the validity of the Contract nor the obligations of the Contractor thereunder respecting non-breaching Authorized Users, whether State or otherwise; (iii) for a breach by an Authorized User other than a State Agency, the State specifically and expressly disclaims any and all liability for such breach; and (iv) each non-State Agency Authorized User and Contractor guarantees to save the State, its officers, agents and employees harmless from any liability that may be or is imposed by the non-State Agency Authorized User’s

  • PARTICIPATION IN SIMILAR ACTIVITIES This agreement in no way restricts the U.S. Forest Service or from participating in similar activities with other public or private agencies, organizations, and individuals.

  • Participation in Plans Notwithstanding any other provision of this Agreement, the Executive shall have the right to participate in any and all of the plans or programs made available by the Company (or it subsidiaries, divisions or affiliates) to, or for the benefit of, executives (including the annual stock option and restricted stock grant programs) or employees in general, on a basis consistent with other senior executives.

  • Non-State Agencies Participation in Centralized Contracts New York State political subdivisions and others authorized by New York State law may participate in Centralized Contracts. These include, but are not limited to local governments, public authorities, public school and fire districts, public and nonprofit libraries, and certain other nonpublic/nonprofit organizations. See "Participation in Centralized Contracts" in Appendix B, General Specifications January 2015 22772 Project Based Information Technology Consulting (Statewide). Upon request, all eligible non-State agencies must furnish Contractors with the proper tax exemption certificates and documentation certifying eligibility to use State contracts. Questions regarding an organization's eligibility to purchase from New York State Contracts may also be directed to OGS Customer Services at 000-000-0000.

  • SMALL BUSINESS PARTICIPATION AND DVBE PARTICIPATION REPORTING REQUIREMENTS a. If for this Contract Contractor made a commitment to achieve small business participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) report to the awarding department the actual percentage of small business participation that was achieved. (Govt. Code § 14841.) b. If for this Contract Contractor made a commitment to achieve disabled veteran business enterprise (DVBE) participation, then Contractor must within 60 days of receiving final payment under this Contract (or within such other time period as may be specified elsewhere in this Contract) certify in a report to the awarding department: (1) the total amount the prime Contractor received under the Contract; (2) the name and address of the DVBE(s) that participated in the performance of the Contract; (3) the amount each DVBE received from the prime Contractor; (4) that all payments under the Contract have been made to the DVBE; and (5) the actual percentage of DVBE participation that was achieved. A person or entity that knowingly provides false information shall be subject to a civil penalty for each violation. (Mil. & Vets. Code § 999.5(d); Govt. Code § 14841.)

  • No Participation in Management Except as expressly permitted hereunder, the Limited Partners shall not take part in the management of the Partnership’s business, transact any business in the Partnership’s name or have the power to sign documents for or otherwise bind the Partnership.

  • Participation in Benefit Plans The Executive shall be eligible to participate in the employee benefit plans and programs maintained by the Company from time to time for its executives, or for its employees generally, including without limitation any life, medical, dental, accidental and disability insurance and profit sharing, pension, retirement, savings, stock option, incentive stock and deferred compensation plans, in accordance with the terms and conditions as in effect from time to time.

  • COOPERATIVE PURCHASING PROGRAM PARTICIPATION Arkansas' Purchasing Law provides that local public procurement units (counties, municipalities, school districts, certain nonprofit corporations, etc.) may participate in state purchasing contracts. The contractor therefore agrees to sell to Cooperative Purchasing Program participants at the option of the program participants. Unless otherwise stated, all standard and special terms and conditions listed within the contract must be equally applied to such participants.

  • Program Participation By participating in the CRF Program, Grantee agrees to: a. Not increase any Eligible Household’s rent through January 2021; b. Waive all costs, fees and charges incurred by Eligible Households as a result of non- payment or partial payment of rent during the impacted months; c. Not consider non-payment or partial payment by Eligible Households during impacted months when considering renewal of an Eligible Household’s lease, or, share this information with other rental properties, credit bureaus and tenant screening companies; d. Not initiate new Eligible Household evictions for non-payment of rent and must suspend all pending evictions of Eligible Households for nonpayment of rent for the duration of the rental payment assistance; e. Not issue a notice to vacate to Eligible Households for nonpayment of rent until the end of the Eviction Relief Period; and f. Not require Eligible Households to vacate the unit until 30 days after such notice.

  • Public Participation 79. This Consent Decree shall be lodged with the Court for a period of not less than 30 Days for public notice and comment in accordance with 28 C.F.R. ' 50.

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