Common use of System Xxxx Litigation Clause in Contracts

System Xxxx Litigation. In the event the Hotel, Owner or Manager is the subject of any litigation or action brought by any party seeking to claim rights in or to restrain the use of any System Xxxx used by Manager in connection with the Hotel, then any such litigation or action will be defended entirely by and at the expense of Manager, notwithstanding that Manager may or may not be named as a party thereto. The Owner shall not have the right to bring suit against any user of any System Xxxx with respect to the System Xxxx. In all cases the conduct of any suit whether brought by Manager or instituted against Owner and/or Manager shall be under the absolute control of counsel to be nominated and retained by Manager notwithstanding that Manager may not be a party to such suit. Manager shall hold Owner harmless from and indemnify Owner against any amounts voluntarily paid in connection with a settlement and any judgments or awards of any court or administrative agency of competent jurisdiction, whether such awards be in the form of damages, costs or otherwise which Owner is required to pay as a result of Manager using any of its System Marks as the name of or in connection with the operation of the Hotel in accordance with the terms of this Agreement.