Procedures and Defense. If a claim or action arises, the Town or any other indemnified party shall promptly tender the defense of the claim to Grantee, which defense shall be at Grantee’s expense. The Town may participate in the defense of a claim, but if Grantee provides a defense at Xxxxxxx’s expense then Grantee shall not be liable for any attorneys’ fees, expenses or other costs that Town may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described below in Paragraph 5.1(F) is required. In that event the provisions of Paragraph 5.1(F) shall govern Grantee’s responsibility for Town’s attorney’s fees, expenses or other costs. In any event, Grantee may not agree to any settlement of claims affecting the Town without the Town's approval.
Procedures and Defense. If a claim or action arises, Grantor or any other indemnified party shall tender the defense of the claim to Grantee, which defense shall be at Grantee’s expense. Grantor may participate in the defense of a claim and, in any event, Grantee may not agree to any settlement of claims affecting Grantor without Grantor's written approval.
Procedures and Defense. If a claim or action arises, the City or any other indemnified party shall promptly tender the defense of the claim to Operator, which defense shall be at Operator’s expense. The City may participate in the defense of a claim, but if Operator provides a defense at Operator’s expense then Operator shall not be liable for any attorneys’ fees, expenses or other costs the City may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described below in subsection A.6 is required. In that event, the provisions of subsection A.6 shall govern Operator’s responsibility for City’s attorney’s fees, expenses or other costs. In any event, Operator may not agree to any settlement of claims affecting the City without the City’s approval.
Procedures and Defense. The City shall give Grantee written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this Section. If a claim or action arises, the City or any other indemnified party shall then tender the defense of the claim to Grantee, which defense shall be at Xxxxxxx's expense.
Procedures and Defense. If a claim or action arises, the Grantor or any other indemnified party shall promptly tender the defense of the claim to Grantee, which defense shall be at Grantee’s expense. The Grantor may participate in the defense of a claim, but if Grantee provides a defense at Grantee’s expense then Grantee shall not be liable for any attorneys’ fees, expenses or other costs that Grantor may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described below in Paragraph 5.1(F) is required. In that event the provisions of Paragraph 5.1(F) shall govern Grantee’s responsibility for Town’s attorney’s fees, expenses or other costs. In any event, Grantee may not agree to any settlement of claims affecting the Grantor without the Grantor's approval.
Procedures and Defense. If a claim or action arises, the City or any other indemnified party shall promptly tender the defense of the claim to Grantee, which defense shall be at Grantee’s expense. The City may participate in the defense of a claim, but if Grantee provides a defense at Grantee’s expense then Grantee shall not be liable for any attorneys’ fees, expenses or other costs the City may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described below in subsection 5.1(F) is required. In that event, the provisions of subsection 5.1(F) shall govern Grantee’s responsibility for City’s attorney’s fees, expenses or other costs. In any event, Grantee may not agree to any settlement of claims affecting the City without the City’s approval.
Procedures and Defense. If a claim or action arises which is covered by the provisions of 5.1 of this Franchise, the City or any other indemnified party shall promptly tender sole control of the defense of the claim to Grantee, which defense shall be at Grantee’s expense. The City may participate in the defense of a claim, but if Grantee provides a defense at Grantee’s expense then Grantee shall not be liable for any attorneys’ fees, expenses or other costs that City may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described below in Paragraph 5.1(F) is required. In that event the provisions of Paragraph 5.1(F) shall govern Grantee’s responsibility for City’s attorney’s fees, expenses or other costs. In any event, Grantee may not agree to any settlement of claims affecting the City without the City’s approval; provided, however, such approval shall not be unreasonably withheld, conditioned, or delayed by the City.
Procedures and Defense. If a claim or action arises, the Town or any other indemnified party shall promptly tender the defense of the claim to Grantee, which defense shall be at Grantee’s expense. The Town may participate in the defense of a claim and, in any event, Grantee may not agree to any settlement of claims affecting the Town without the Town’s approval.
Procedures and Defense. If a claim or action arises, Grantor shall promptly tender the defense of the claim to Grantee, which defense shall be at Grantee’s expense. Grantor may participate in the defense of a claim, but if Grantee provides a defense at Grantee’s expense then Grantee shall not be liable for any attorneys’ fees, expenses or other costs that Grantor may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described below in Paragraph 5.1(F) is required. In that event the provisions of Paragraph 5.1(F) shall govern Grantee’s responsibility for Grantor’s attorney’s fees, expenses or other costs. In any event, Grantee may not agree to any settlement of claims affecting Grantor without Grantor's approval.
Procedures and Defense. If a claim or action arises, the Grantor or any other indemnified party shall promptly tender the defense of the claim to Grantee, which defense shall be at Grantee’s expense. The Grantor’s failure to so notify and request indemnification shall not relieve Grantee of any liability that Grantee might have, except to the extent that such failure prejudices Grantee’s ability to defend such claim or suit. The Grantor may participate in the defense of a claim, but if Grantee provides a defense at Grantee’s expense then Grantee shall not be liable for any attorneys’ fees, expenses, or other costs the Grantor may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described below in Paragraph 5.1(G) is required. In that event, the provisions of Paragraph 5.1(G) shall govern Grantee’s responsibility for Grantor’s attorneys’ fees, expenses, or other costs. In any event, Grantee may not agree to any settlement of claims affecting the Grantor without the Grantor's approval.
