Common use of Immediate Obligation to Defend Clause in Contracts

Immediate Obligation to Defend. Tenant specifically acknowledges that it has an immediate and independent obligation to defend the Indemnified Parties from any claim which is actually or potentially within the scope of the indemnity provision of Section 13.1 or any other indemnity provision under this Lease, even if such allegation is or may be groundless, fraudulent or false, and such obligation arises at the time such claim is tendered to Tenant by an Indemnified Party and continues at all times thereafter and provided further that, in the event it is later determined by a court of competent jurisdiction that the claim made falls outside the scope of the indemnity provisions of this Agreement, Landlord shall promptly reimburse Tenant for Tenant’s reasonable attorneys fees and other costs incurred in defending such claim.‌

Immediate Obligation to Defend. Tenant specifically acknowledges that it has an immediate and independent obligation to defend the Indemnified Parties from any claim which is actually or potentially within the scope of the indemnity provision of Section 13.1 12.1 or any other indemnity provision under this Lease, even if such allegation is or may be groundless, fraudulent or false, and such obligation arises at the time such claim is tendered to Tenant by an Indemnified Party and continues at all times thereafter and provided further thatthereafter; provided, however, that in the event it is later determined by of a court final judgment or arbitration decision determining that all or a portion of competent jurisdiction that the claim made falls fell outside the scope of the indemnity provisions of this Agreementindemnity, Landlord the Agency shall promptly reimburse Tenant for Tenant’s reasonable attorneys that portion of costs, fees and other costs incurred in defending such claim.‌expenses expended by Tenant hereunder that was determined to be outside the scope of this indemnity.