Common use of Defense Qualification Clause in Contracts

Defense Qualification. Neither Carrier nor any attorney engaged by Carrier shall defend any claim in the name of DCBS or the State of Oregon or any agency of the State of Oregon, nor purport to act as the legal representative of the State of Oregon or DCBS, or any of its agencies, without the prior written consent of DCBS and the Oregon Attorney General. The State of Oregon may, at any time at its election, assume its own defense and settlement in the event that it determines that Carrier is prohibited from defending the State of Oregon, that Carrier is not adequately defending the State of Oregon’s interests, that an important governmental principle is at issue, or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Carrier if the State of Oregon elects to assume its own defense. Furthermore, notwithstanding Carrier’s foregoing indemnity and defense obligations to DCBS, and without waiving DCBS’s right to recover attorneys’ fees and costs as provided in section 8.1 and to the fullest extent permitted by law, DCBS may, at any time at its election, assume its own defense and settlement in the event that it determines that Carrier is prohibited from defending DCBS, that Carrier is not adequately defending DCBS’s interests, that an important governmental principle is at issue, or that it is in the best interests of DCBS to do so. DCBS reserves all rights to pursue any claims it may have against Carrier if DCBS elects to assume its own defense.

Defense Qualification. Neither Carrier nor any attorney engaged by Carrier shall defend any claim in the name of DCBS or the State of Oregon or any agency of the State of Oregon, nor purport to act as the legal representative of the State of Oregon or DCBS, or any of its agencies, without the prior written consent of DCBS and the Oregon Attorney General. The State of Oregon may, at any time at its election, assume its own defense and settlement in the event that it determines that Carrier is prohibited from defending the State of Oregon, that Carrier is not adequately defending the State of Oregon’s interests, that an important governmental principle is at issue, or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Carrier if the State of Oregon elects to assume its own defense. Furthermore, notwithstanding Carrier’s foregoing indemnity and defense obligations to DCBS, and without waiving DCBS’s right to recover attorneys’ fees and costs as provided in section paragraph 8.1 and to the fullest extent permitted by law, DCBS may, at any time at its election, assume its own defense and settlement in the event that it determines that Carrier is prohibited from defending DCBS, that Carrier is not adequately defending DCBS’s interests, that an important governmental principle is at issue, or that it is in the best interests of DCBS to do so. DCBS reserves all rights to pursue any claims it may have against Carrier if DCBS elects to assume its own defense.

Defense Qualification. Neither Carrier nor any attorney engaged by Carrier Xxxxxxx shall defend any claim in the name of DCBS or the State of Oregon or any agency of the State of Oregon, nor purport to act as the legal representative of the State of Oregon or DCBS, or any of its agencies, without the prior written consent of DCBS and the Oregon Attorney General. The State of Oregon may, at any time at its election, assume its own defense and settlement in the event that it determines that Carrier is prohibited from defending the State of Oregon, that Carrier is not adequately defending the State of Oregon’s interests, that an important governmental principle is at issue, or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Carrier if the State of Oregon elects to assume its own defense. Furthermore, notwithstanding Carrier’s foregoing indemnity and defense obligations to DCBS, and without waiving DCBS’s right to recover attorneys’ fees and costs as provided in section 8.1 and to the fullest extent permitted by law, DCBS may, at any time at its election, assume its own defense and settlement in the event that it determines that Carrier is prohibited from defending DCBS, that Carrier is not adequately defending DCBS’s interests, that an important governmental principle is at issue, or that it is in the best interests of DCBS to do so. DCBS reserves all rights to pursue any claims it may have against Carrier if DCBS elects to assume its own defense.

Defense Qualification. Neither Carrier nor any attorney engaged by Carrier Xxxxxxx shall defend any claim in the name of DCBS or the State of Oregon or any agency of the State of Oregon, nor purport to act as the legal representative of the State of Oregon or DCBS, or any of its agencies, without the prior written consent of DCBS and the Oregon Attorney General. The State of Oregon may, at any time at its election, assume its own defense and settlement in the event that it determines that Carrier is prohibited from defending the State of Oregon, that Carrier is not adequately defending the State of Oregon’s interests, that an important governmental principle is at issue, or that it is in the best interests of the State of Oregon to do so. The State of Oregon reserves all rights to pursue any claims it may have against Carrier if the State of Oregon elects to assume its own defense. Furthermore, notwithstanding CarrierXxxxxxx’s foregoing indemnity and defense obligations to DCBS, and without waiving DCBS’s right to recover attorneys’ fees and costs as provided in section paragraph 8.1 and to the fullest extent permitted by law, DCBS may, at any time at its election, assume its own defense and settlement in the event that it determines that Carrier is prohibited from defending DCBS, that Carrier is not adequately defending DCBS’s interests, that an important governmental principle is at issue, or that it is in the best interests of DCBS to do so. DCBS reserves all rights to pursue any claims it may have against Carrier if DCBS elects to assume its own defense.