Common use of Procedures and Defense Clause in Contracts

Procedures and Defense. If a claim or action arises, the Grantor or any other indemnified party shall promptly tender the defense of the claim to Grantee, which defense shall be at Grantee’s expense. The Grantor may participate in the defense of a claim, but if Grantee provides a defense at Grantee’s expense then Grantee shall not be liable for any attorneys’ fees, expenses or other costs that Grantor may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described below in Paragraph 5.1(F) is required. In that event the provisions of Paragraph 5.1(F) shall govern Grantee’s responsibility for City’s/County’s/Town’s attorney’s fees, expenses or other costs. In any event, Grantee may not agree to any settlement of claims affecting the Grantor without the Grantor's approval.

Procedures and Defense. If a claim or action arises, the Grantor or any other indemnified party shall promptly tender the defense of the claim to Grantee, which defense shall be at Grantee’s expense. The Grantor may participate in the defense of a claim, but if Grantee provides a defense at Grantee’s expense then Grantee shall not be liable for any attorneys’ fees, expenses or other costs that Grantor may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described below in Paragraph 5.1(F) is required. In that event the provisions of Paragraph 5.1(F) shall govern Grantee’s responsibility for City’s/County’s/Town’s attorney’s fees, expenses or other costs. In any event, Grantee may not agree to any settlement of claims affecting the Grantor without the Grantor's approval.