Common use of Participation in Defense of Third Party Claims Clause in Contracts

Participation in Defense of Third Party Claims. If any third party shall assert a claim against the Indemnitee which, if successful, might result in an obligation of the Indemnitor to pay Indemnifiable Damages and which can be remedied by the reasonable satisfaction of the Indemnitee by the payment of money damages without further adverse consequences to the Indemnitee, the Indemnitor, at the sole expense of the Indemnitor, may assume the primary defense thereof with counsel reasonably acceptable to the Indemnitee, but only if and so long as the Indemnitor diligently pursues the defense of such claim. If the Indemnitor fails or is unable to so elect to assume the primary defense of any such claim, the Indemnitee may elect to do so.

Participation in Defense of Third Party Claims. If any third party shall assert a claim any Claim against the an Indemnitee which, if successful, might result in an obligation of the Indemnitor to pay Indemnifiable Damages and which can be remedied by the reasonable satisfaction of the Indemnitee by the payment of money damages without further adverse consequences consequence to the Indemnitee, the Indemnitor, at the sole expense of the Indemnitor, may assume the primary defense thereof with counsel reasonably acceptable to the Indemnitee, but only if and so long as the Indemnitor diligently pursues the defense of such claimClaim. If the Indemnitor fails or is unable to so elect to does not assume the primary defense of any such claimClaim, the Indemnitee may elect to do so.