Common use of Third Party Litigation Concerning Agreement Clause in Contracts

Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action or proceeding, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceeding, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action or proceeding.

Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys’ ' fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement Agreement, or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action action, proceeding or proceedingdetermination included within this Section 8.1, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action action, proceeding or proceedingdetermination, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action action, proceeding or proceedingdetermination.

Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys’ ' fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement Agreement, or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action action, proceeding or proceedingdetermination included within this Section 8.1, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action or proceedingaction, proceeding or‌ determination, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action action, proceeding or proceedingdetermination.

Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys’ ' fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement Agreement, or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action action, proceeding or proceedingdetermination included within this Section 8.1, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action action, proceeding or proceedingdetermination, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action action, proceeding or proceeding.determination.‌

Third Party Litigation Concerning Agreement. OWNER shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless CITY, its agents, officers and employees from any claim, action or proceeding against CITY, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement Agreement, or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of any such claim, action action, proceeding or proceedingdetermination included within this Section 8.1, and CITY shall cooperate in the defense. If CITY fails to promptly notify OWNER of any such claim, action action, proceeding or proceedingdetermination, or if CITY fails to cooperate in the defense, OWNER shall not thereafter be responsible to defend, indemnify, or hold harmless CITY. CITY may in its discretion participate in the defense of any such claim, action action, proceeding or proceedingdetermination.

Third Party Litigation Concerning Agreement. OWNER Owner shall defend, at its expense, including attorneys’ fees, indemnify, and hold harmless CITYCity, its agents, officers officers, and employees from any claim, action action, or proceeding brought by a third party against CITYCity, its agents, officers, or employees to attack, set aside, void, or annul the approval of this Agreement or the approval of any permit granted pursuant to this Agreement. CITY shall promptly notify OWNER of Entitlements, except any such claim, action action, or proceeding based on the General Plan. City shall promptly notify Owner of any claim, action, proceeding, or determination included within this Section 6.2, and CITY City shall cooperate in the defense. If CITY City fails to promptly notify OWNER Owner of any such claim, action or action, proceeding, or determination, or if CITY City fails to cooperate in the defense, OWNER Owner shall not thereafter be responsible to defend, indemnify, or hold harmless CITYCity. CITY may City may, in its discretion discretion, participate in the defense of any such claim, action action, proceeding, or proceedingdetermination, at its own expense.