Common use of Defense Procedure Clause in Contracts

Defense Procedure. The Party that does not control the defense of a claim under this Section 6.3 shall cooperate with the controlling Party, at the controlling Party’s reasonable request and expense, in any such defense and shall have the right, at its own expense, to be represented separately by counsel of its own choice in any such proceeding. If a Party is entitled to and brings a claim or counterclaim in accordance with this Section 6.3, the other Party shall cooperate fully with the claiming Party in connection therewith, including furnishing powers of attorney, being joined as a party plaintiff in such action, providing access to relevant documents and other evidence and making its employees available at reasonable business hours. In connection with any such defense or claim or counterclaim, the controlling Party shall consider in good faith any comments from the other Party and shall keep the other Party reasonably informed of any steps taken in connection with such defense, claim or counterclaim.