Claims Against Both the Town and Adventure Fit. In the event any claim is asserted by a third party against both the Town and Adventure Fit arising out of any Party’s performance of the Services which claim is not within the scope of Section 6.2 above, the Town shall be entitled to elect to defend such claim on behalf of both the Town and Adventure Fit subject to the provisions governing indemnification set forth in this Section. In the event that the Town elects to defend such claim, the Town shall consult with Adventure Fit in such defense but the Town is entitled to exercise its independent discretion in the manner of defense, including but not limited to the selection of litigation counsel and the discretion to settle, confess, compromise, or otherwise direct and dispose of any claim. In the event that the Town elects to defend such claim, Adventure Fit may at its own cost and expense elect to assume the defense of Adventure Fit, in which case Adventure Fit shall bear its own attorneys’ fees, costs, and expenses in such defense and such fees, costs, and expenses shall not be subject to indemnification pursuant to this Section.
Appears in 5 contracts
Samples: Lyons Professional Services Agreement, Lyons Professional Services Agreement, Professional Services Agreement
