Common use of Tender of Defense and Indemnity Clause in Contracts

Tender of Defense and Indemnity. The Consultant/Professional’s obligation to defend and indemnify shall not be excused because of the Consultant/Professional’s inability to evaluate liability or because the Consultant/Professional evaluates liability and determines that the Consultant/Professional is not liable to the claimant. The Consultant/Professional must respond within 30 days to the tender of any claim for defense and indemnity by the District. If the Consultant/Professional fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due the Consultant/Professional under and by virtue of this Agreement as shall reasonably be considered necessary by the District, may be retained by the District until disposition has been made of the claim or suit for damages, or until the Consultant/Professional accepts or rejects the tender of defense, whichever occurs first.