Common use of Right to Participate in the Defence Clause in Contracts

Right to Participate in the Defence. Without limiting clauses 20.2(A) and 20.2(B) any Indemnitee shall be entitled to participate in, but not control, the defence of a Third Party Claim and to retain counsel of its choice for such purpose; provided, however, that such retention shall be at the Indemnitee’s own expense unless the Indemnifying Party has failed to assume the defence and retain counsel in accordance with clause 20.2(A) (in which case the Indemnified Party shall control the defence).