Defense Provision Sample Clauses
A Defense Provision is a contractual clause that requires one party to defend the other against certain claims, typically those brought by third parties. In practice, this means if a lawsuit or legal action arises related to the subject matter of the contract—such as intellectual property infringement or product liability—the obligated party must provide legal defense, including covering legal costs and managing the defense process. The core function of this clause is to allocate the risk and burden of legal defense, ensuring that the protected party does not have to bear the costs or complexities of defending against specific types of claims.
Defense Provision. The Board shall provide for the defense of a teacher, in any state or federal court, in any civil action or proceeding, to recover damages for injury, death, or loss to persons or property allegedly caused by an act or omission of the teacher in connection with a governmental or proprietary function, if the act or omission occurred or is alleged to have occurred while the teacher was acting in good faith, and not manifestly outside the scope of his/her employment or official responsibilities. Amounts expended by the Board in the defense of any teacher shall be from funds appropriated for this purpose or from proceeds of insurance. The duty to provide for the defense of a teacher specified in this section does not apply in a civil action or proceeding that is commenced by or on behalf of a political subdivision.
Defense Provision. The Parties agree to be obligated to defend and hold-harmless one another and their respective employees, agents, officers and servants from and against any and all lawsuits, claims, demands and causes of action of any kind arising from any act, error or omission by the respective Party’s employees, agents, officers and servants with respect to the pick-up and delivery of animals to the Shelter or with respect to the care and disposition of any animal delivered by any respective Party to the Shelter or in the performance of any Shelter related activity. Any party receiving a lawsuit, claim, demand or cause of action subject to this provision of this Agreement shall provide each Party a copy of the lawsuit, claim, demand or cause of action and shall deliver it to the Texas Municipal League Intergovernmental Risk Pool and the Texas Association of Counties Risk Management Pool (in the case of the claim involving Hays County) for defense and for the coordination of cooperative self-insurance benefits seeking the defense for all respective Parties. All defending Parties shall enter into a Joint Defense Agreement to defend any and all claims. In the event of a lawsuit, claim, demand or cause of action, raised it is determined not to be a covered claim by the respective Risk Pool or Risk Management Pool, the Party or Parties’ whose employees, agents, officers and servants allegedly committed the act or omission that brought rise to the lawsuit, claim, demand or cause of action, shall reimburse all expenses, including, but not limited to, any deductibles paid to any Risk Pool or Risk Management Pool, and any other expenses paid by any other defending Party for attorney’s fees, expert fees, administrative costs, costs of court and any damages awarded and paid by any defending Party to the agreement. Such payments are due on an annual basis at the end of each Fiscal Year the matter is pending and shall continue to be due on an annual basis until paid in full after the matter disposed of by final judgment or prejudicial dismissal. This provision survives termination of the Agreement if a claim is pending at the time of termination.
Defense Provision. The Parties agree to each defend their respective employees, agents, officers and servants from and against any and all lawsuits, claims, demands and causes of action of any kind arising from any act, error or omission by the respective Party’s employees, agents, officers and servants with respect to performance of each respective party’s obligations under the term of this agreement. Any party receiving a lawsuit, claim, demand or cause of action subject to this provision of this Agreement shall provide each Party a copy of the lawsuit, claim, demand or cause of action and shall deliver it to the Texas Municipal League Intergovernmental Risk Pool and the Texas Association of Counties Risk Management Pool for defense and for the coordination of cooperative self-insurance benefits seeking the defense for all respective Parties. All defending Parties shall enter into a Joint Defense Agreement to defend any and all claims. In the event of a lawsuit, claim, demand or cause of action, raised it is determined not to be a covered claim by the respective Risk Pool or Risk Management Pool, the Party or Parties’ whose employees, agents, officers and servants allegedly committed the act or omission that brought rise to the lawsuit, claim, demand or cause of action, shall reimburse all expenses, including, but not limited to, any deductibles paid to any Risk Pool or Risk Management Pool, and any other expenses paid by any other defending Party for attorney’s fees, expert fees, administrative costs, costs of court and any damages awarded and paid by any defending Party to the agreement. Such payments are due on an annual basis at the end of each Fiscal Year the matter is pending and shall continue to be due on an annual basis until paid in full after the matter disposed of by final judgment or prejudicial dismissal. This provision survives termination of the Agreement if a claim is pending at the time of termination. Nothing herein shall be deemed in any manner to constitute a waiver of any immunity or affirmative defense which may be asserted by the County or the City pursuant to law. Nor shall this provision be in any manner construed to create a cause of action for the benefit of any person not a party to this Agreement not otherwise existing at law.
Defense Provision. The Parties agree to be obligated to defend and hold-harmless one another and their respective employees, agents, officers and servants from and against any and all lawsuits, claims, demands and causes of action of any kind arising from any act, error or omission by the respective Party’s employees, agents, officers and servants with respect to performance of each respective party’s obligations under the term of this agreement. Any party receiving a lawsuit, claim, demand or cause of action subject to this provision of this Agreement shall provide each Party a copy of the lawsuit, claim, demand or cause of action and shall deliver it to the Texas Municipal League Intergovernmental Risk Pool and the Texas Association of Counties Risk Management Pool for defense and for the coordination of cooperative self- insurance benefits seeking the defense for all respective Parties. All defending Parties shall enter into a Joint Defense Agreement to defend any and all claims. In the event of a lawsuit, claim, demand or cause of action, raised it is determined not to be a covered claim by the respective Risk Pool or Risk Management Pool, the Party or Parties’ whose employees, agents, officers and servants allegedly committed the act or omission that brought rise to the lawsuit, claim, demand or cause of action, shall reimburse all expenses, including, but not limited to, any deductibles paid to any Risk Pool or Risk Management Pool, and any other expenses paid by any other defending Party for attorney’s fees, expert fees, administrative costs, costs of court and any damages awarded and paid by any defending Party to the agreement. Such payments are due on an annual basis at the end of each Fiscal Year the matter is pending and shall continue to be due on an annual basis until paid in full after the matter disposed of by final judgment or prejudicial dismissal. This provision survives termination of the Agreement if a claim is pending at the time of termination. Nothing herein shall be deemed in any manner to constitute a waiver of any immunity or affirmative defense which may be asserted by the County or the City pursuant to law. Nor shall this provision be in any manner construed to create a cause of action for the benefit of any person not a party to this Agreement not otherwise existing at law.
Defense Provision. The Board shall provide for the defense of a MBU, in any state or federal court, in any civil action or proceeding, to recover damages for injury, death, or loss to persons or property allegedly caused by an act or omission of the MBU in connection with a governmental or proprietary function, if the act or omission occurred or is alleged to have occurred while the MBU was acting in good faith, and not manifestly outside the scope of his/her employment or official responsibilities. Amounts expended by the Board in the defense of any MBU shall be from funds appropriated for this purpose or from proceeds of insurance. The duty to provide for the defense of a MBU specified in this section does not apply in a civil action or proceeding that is commenced by or on behalf of a political subdivision.