Common use of Limitations of Right to Assume Defense Clause in Contracts

Limitations of Right to Assume Defense. The Representative shall not be entitled to assume control of such defense and, subject to the limitations of Section 6.4, shall pay the reasonable fees and expenses of one counsel retained by Kitara if the Kitara Third Party Claim relates to or arises in connection with any criminal proceeding, action, indictment, allegation or investigation.

Limitations of Right to Assume Defense. The Representative Kitara shall not be entitled to assume control of such defense and, subject to the limitations of Section 6.4, shall pay the reasonable fees and expenses of one counsel retained by Kitara the Representative if the Kitara Signing Holder Third Party Claim relates to or arises in connection with any criminal proceeding, action, indictment, allegation or investigation.