Common use of Conditions to Indemnity Clause in Contracts

Conditions to Indemnity. The indemnities set forth in Sections 15.1 and 15.2 above all shall not apply to any design, process or product of a particular manufacturer or manufacturers, which is specified by Owner. These indemnities are valid only if (a) Owner gives notice of any claim or lawsuit for which it claims indemnity within time sufficient for ▇▇▇▇▇▇ Mechanical to contest such claim, (b) Owner cooperates fully and promptly with ▇▇▇▇▇▇ Mechanical in the defense thereof at Owner’s expense for all items related to such defense for time of witnesses who are employees of Owner, costs related to travel, production of documents, fees for any counsel it elects to assist it in addition to counsel appointed by ▇▇▇▇▇▇ Mechanical for defense of the claim, and (c) ▇▇▇▇▇▇ Mechanical has full authority in defense of such lawsuit or claim and to settle such claim, provided that, it pays to Owner the cost, if any, of any change in operations resulting from such settlement. In no case shall ▇▇▇▇▇▇ Mechanical be liable under Sections 15.1 or 15.2 for any amount, including costs and attorney’s fees, in excess of the limit set forth at Section 16 below.