Common use of Coordinated Defense Clause in Contracts

Coordinated Defense. In the event that a suit is instituted against Manager or its Affiliates, in which Owner is also named as a party defendant, Owner and Manager shall coordinate the defense of such suit. Nothing herein contained shall be construed as preventing Owner from joining with Manager in any legal proceedings or any action on behalf of or against The Cannery, whether of an extraordinary or non-extraordinary nature. If a conflict of interest arises between the legal positions taken by Owner and Manager that the parties are unable to waive or otherwise agree upon, then the parties may each engage counsel of their own choosing.

Coordinated Defense. In the event that a suit is instituted against Manager or its Affiliates, in which Owner Operator is also named as a party defendant, Owner Operator and Manager shall coordinate the defense of such suit. Nothing herein contained shall be construed as preventing Owner Operator from joining with Manager in any legal proceedings or any action on behalf of or against The Cannerythe Casino, whether of an extraordinary or non-extraordinary nature. If a conflict of interest arises between the legal positions taken by Owner Operator and Manager that the parties are unable to waive or otherwise agree upon, then the parties may each engage counsel of their own choosing.