Common use of Right to Tender or Undertake Defense Clause in Contracts

Right to Tender or Undertake Defense. If Company is named a party in any judicial, administrative or other proceeding arising out of or in connection with any non-permitted or prohibited Use or Disclosure of PHI or other breach of this Agreement by Business Associate or any subcontractor, agent, person or entity under Business Associate’s control, Company will have the option at any time either (i) to tender its defense to Business Associate, in which case Business Associate will provide qualified attorneys, consultants and other appropriate professionals to represent Company’s interests at Business Associate’s expense, or (ii) undertake its own defense, choosing the attorneys, consultants and other appropriate professionals to represent its interests, in which case Business Associate will be responsible for and pay the reasonable fees and expenses of such attorneys, consultants and other professionals.

Right to Tender or Undertake Defense. If Company Covered Entity is named as a party in any judicial, administrative or other proceeding arising out of or in connection with any non-non- permitted or prohibited Use violating use or Disclosure disclosure of PHI or other breach of this Agreement by Business Associate or any subcontractor, agent, person subcontractor or entity under agent of Business Associate’s control, Company will Covered Entity shall have the option at any time either to: (i) to tender its defense to Business Associate, in which case Business Associate will provide qualified attorneys, consultants consultants, and other appropriate professionals to represent CompanyCovered Entity’s interests at Business Associate’s expense, ; or (ii) undertake its own defense, choosing the attorneys, consultants consultants, and other appropriate professionals to represent its interests, in which case Business Associate will be responsible for and pay the reasonable fees and expenses of such attorneys, consultants consultants, and other professionals.

Right to Tender or Undertake Defense. If Company Organization is named a party in any judicial, administrative or other proceeding arising out of or in connection with any non-permitted use or prohibited Use or Disclosure disclosure of PHI Organization’s Protected Health Information or other breach of this Agreement Addendum by Business Associate or any subcontractor, agent, person subcontractor or entity agent under Business Associate’s control, Company Organization will have the option at any time either (iA) to tender its defense to Business Associate, in which case Business Associate will provide qualified attorneys, consultants consultants, and other appropriate professionals to represent CompanyOrganization’s interests at Business Associate’s expense, or (iiB) undertake its own defense, choosing the attorneys, consultants consultants, and other appropriate professionals to represent its interests, in which case Business Associate will be responsible for and pay the reasonable fees and expenses of such attorneys, consultants consultants, and other professionals.

Right to Tender or Undertake Defense. If Company is named a party in any judicial, administrative or other proceeding arising out of or in connection with any non-permitted or prohibited Use violating use or Disclosure disclosure of PHI and electronic PHI or other breach of this Agreement by Business Associate or any subcontractor, agent, person or entity under Business Associate’s control, Company will have the option at any time either to either: (i) to tender its defense to Business Associate, in which case Business Associate will provide qualified attorneys, consultants consultants, and other appropriate professionals to represent Company’s interests at Business Associate’s expense, or (ii) undertake its own defense, choosing the attorneys, consultants consultants, and other appropriate professionals to represent its interests, in which case Business Associate will be responsible for and pay the reasonable fees and expenses of such attorneys, consultants consultants, and other professionals.

Right to Tender or Undertake Defense. If Company is named a party in any judicial, administrative or other proceeding arising out of or in connection with any non-permitted or prohibited Use or Disclosure of PHI or other breach of this Agreement by Business Associate or any subcontractorSubcontractor, agent, person or entity under Business Associate’s control, Company will have the option at any time either (i) to tender its defense to Business Associate, in which case Business Associate will provide qualified attorneys, consultants and other appropriate professionals to represent Company’s interests at Business Associate’s expense, or (ii) undertake its own defense, choosing the attorneys, consultants and other appropriate professionals to represent its interests, in which case Business Associate will be responsible for and pay the reasonable fees and expenses of such attorneys, consultants and other professionals.

Right to Tender or Undertake Defense. 9.11.2.1 If Company is named a party in any judicial, administrative or other proceeding arising out of or in connection with any non-permitted or prohibited Use or Disclosure of PHI or other breach of this Agreement by Business Associate or any subcontractor, agent, person or entity under Business Associate’s control, Company will have the option at any time either (i) to tender its defense to Business Associate, in which case Business Associate will provide qualified attorneys, consultants and other appropriate professionals to represent Company’s interests at Business Associate’s expense, or (ii) undertake its own defense, choosing the attorneys, consultants and other appropriate professionals to represent its interests, in which case Business Associate will be responsible for and pay the reasonable fees and expenses of such attorneys, consultants and other professionals.

Right to Tender or Undertake Defense. If Company is named a party in any judicial, administrative or other proceeding arising out of or in connection with any non-permitted or prohibited Use violating use or Disclosure disclosure of PHI or NPFI or other breach of this Agreement Addendum by Business Associate or any subcontractor, agent, person or entity under Business Associate’s 's control, Company will have the option at any time either (i) to tender its defense to Business Associate, in which case Business Associate will provide qualified attorneys, consultants and other appropriate professionals attorneys to represent Company’s 's interests at Business Associate’s 's expense, or (ii) undertake its own defense, choosing the attorneys, consultants and other appropriate professionals to represent its interests, in which case Business Associate will be responsible for and pay the reasonable fees and expenses of such attorneys, consultants and other professionals.