VDOT Counsel and Defense Sample Clauses

VDOT Counsel and Defense. VDOT shall be entitled to select its own legal counsel and otherwise control the defense of such claim if: (a) the defense is tendered to ERC and it refuses the tender of defense, or fails to accept such tender within 20 Days, or reserves any right to deny or disclaim such full indemnification thereafter, or (b) VDOT, at the time it gives notice of the claim or at any time thereafter, reasonably determines that (i) a conflict exists between it and ERC which prevents or potentially prevents ERC from presenting a full and effective defense or (ii) ERC is otherwise not providing an effective defense in connection with the claim and/or ERC lacks the financial capability to satisfy potential liability or to provide an effective defense. VDOT may assume its own defense pursuant to Section 8.1.8(b) by delivering to ERC written notice of such election and the reasons therefore. A refusal of, or failure to accept, a tender of defense may be treated by VDOT as a claim against ERC subject to resolution pursuant to Article 9.
Sample 1
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VDOT Counsel and Defense. VDOT shall be entitled to select its own legal counsel and otherwise control the defense of such claim if: (a) the defense is tendered to the Affected Party and it refuses the tender of defense, or fails to accept such tender within 20 Days, or reserves any right to deny or disclaim such full indemnification thereafter, or (b) VDOT, at the time it gives notice of the claim or at any time thereafter, reasonably determines that (i) a conflict exists between it and the Affected Party which prevents or potentially prevents the Affected Party from presenting a full and effective defense or (ii) the Affected Party is otherwise not providing an effective defense in connection with the claim and the Affected Party lacks the financial capability to satisfy potential liability or to provide an effective defense. VDOT may assume its own defense pursuant to Section 7.18.9(b) by delivering to the Affected Party written notice of such election and the reasons therefore. A refusal of, or failure to accept, a tender of defense may be treated by VDOT as a claim against the Affected Party subject to resolution pursuant to Section 6.1.
Sample 1

Related to VDOT Counsel and Defense

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