Common use of Defense and Settlement Clause in Contracts

Defense and Settlement. In any action in which the Franchisee defends the Town, the Franchisee shall consult with the Town prior to proposing, accepting, or rejecting a settlement and prior to filing any pleading which might estop the Town with respect to any question of fact or law. Franchisee shall provide the defense of any claims brought against the Town by selecting counsel of Franchisee’s choice to defend the claim, subject to the consent of the Town, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent the Town from cooperating with the Franchisee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided, however, that after consultation with the Town, Franchisee shall have the right to defend, settle or compromise any claim or action arising hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such settlement include the full release of the Town and the Town does not consent to the terms of any such proposed settlement or compromise, Franchisee shall not settle the claim or action, but its obligation to indemnify the Town shall in no event exceed the amount of such proposed settlement.

Defense and Settlement. In any action in which the Franchisee defends the TownCity, the Franchisee shall consult with the Town City prior to proposing, accepting, or rejecting a settlement and prior to filing any pleading which might estop the Town City with respect to any question of fact or law. Franchisee shall provide the defense of any claims brought against the Town City by selecting counsel of Franchisee’s choice to defend the claim, subject to the consent of the TownCity, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent the Town City from cooperating with the Franchisee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided, however, that after consultation with the TownCity, Franchisee shall have the right to defend, settle or compromise any claim or action arising hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such settlement include the full release of the Town City and the Town City does not consent to the terms of any such proposed settlement or compromise, Franchisee shall not settle the claim or action, but its obligation to indemnify the Town City shall in no event exceed the amount of such proposed settlement.

Defense and Settlement. In any action in which the Franchisee defends the TownCounty, the Franchisee shall consult with the Town County prior to proposing, accepting, or rejecting a settlement and prior to filing any pleading which might estop the Town County with respect to any question of fact or law. Franchisee shall provide the defense of any claims brought against the Town County by selecting counsel of Franchisee’s choice to defend the claim, subject to the consent of the TownCounty, which shall not unreasonably be withheld. Nothing herein shall be deemed to prevent the Town County from cooperating with the Franchisee and participating in the defense of any litigation by its own counsel at its own cost and expense, provided, however, that after consultation with the TownCounty, Franchisee shall have the right to defend, settle or compromise any claim or action arising hereunder, and Franchisee shall have the authority to decide the appropriateness and the amount of any such settlement. In the event that the terms of any such settlement include the full release of the Town County and the Town County does not consent to the terms of any such proposed settlement or compromise, Franchisee shall not settle the claim or action, but its obligation to indemnify the Town County shall in no event exceed the amount of such proposed settlement.