Common use of Duty to Defend and Attorneys and Other Fees and Expenses Clause in Contracts

Duty to Defend and Attorneys and Other Fees and Expenses. Upon written request by any Indemnified Party, Borrower shall defend such Indemnified Party (if requested by any Indemnified Party, in the name of the Indemnified Party) by attorneys and other professionals approved by the Indemnified Parties. If Borrower does not provide a defense by attorneys and other professionals reasonably satisfactory to Indemnified Parties, any Indemnified Parties may, in their sole and absolute discretion, engage their own attorneys and other professionals to defend or assist them, and, at the option of Indemnified Parties, their attorneys shall control the resolution of claim or proceeding. Upon demand, Borrower shall pay or, in the sole and absolute discretion of the Indemnified Parties, reimburse, the Indemnified Parties for the payment of reasonable fees and disbursements of attorneys, engineers, environmental consultants, laboratories and other professionals in connection therewith.

Appears in 1 contract

Samples: NNN 2003 Value Fund LLC

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Duty to Defend and Attorneys and Other Fees and Expenses. Upon written request by any Indemnified Party, Borrower Indemnitor shall defend defend, and provide legal representation for such Indemnified Party with respect to any of the matters referenced in Section 4 above (if requested by any Indemnified Party, in the name of the Indemnified Party) by attorneys and other professionals approved by the Indemnified Parties. If Borrower does not provide a defense by attorneys and other professionals reasonably satisfactory to Indemnified PartiesNotwithstanding the foregoing, any Indemnified Parties may, in their sole and absolute discretion, engage their own attorneys and other professionals to defend or assist themthem with respect to such matters, and, at the option of Indemnified Parties, their attorneys shall control the resolution of claim or proceedingsuch matters. Upon demand, Borrower Indemnitor shall pay or, in the sole and absolute discretion of the Indemnified Parties, reimburse, the reimburse Indemnified Parties for the payment of reasonable fees and disbursements of attorneys, engineers, environmental consultants, laboratories and other professionals in connection therewith.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (NNN Apartment REIT, Inc.)

Duty to Defend and Attorneys and Other Fees and Expenses. Upon written request by any Indemnified Party, Borrower Indemnitor shall defend and provide legal representation for such Indemnified Party with respect to any of the matters referenced in Section 4 above (if requested by any Indemnified Party, in the name of the Indemnified Party) by attorneys and other professionals approved by the Indemnified Parties. If Borrower does not provide a defense by attorneys and other professionals reasonably satisfactory to Indemnified PartiesNotwithstanding the foregoing, any Indemnified Parties may, in their sole and absolute discretion, engage their own attorneys and other professionals to defend or assist them, them with respect to such matters: and, at the option of Indemnified Parties, their attorneys shall control the resolution of claim or proceedingsuch matters. Upon demand, Borrower Indemnitor shall pay or, in the sole and absolute discretion of the Indemnified Parties, reimburse, the Indemnified Parties for the payment of reasonable fees and disbursements of attorneys, engineers, environmental consultants, laboratories and other professionals in connection therewith.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (Secured Investment Resources Fund Lp Ii)

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Duty to Defend and Attorneys and Other Fees and Expenses. Upon written request by any Indemnified Party, Borrower Indemnitors shall defend and provide legal representation for such Indemnified Party with respect to any of the matters referenced in Section 6 above (if requested by any Indemnified Party, in the name of the Indemnified Party) by attorneys and other professionals approved by the Indemnified Parties. If Borrower does not provide a defense by attorneys and other professionals reasonably satisfactory to Indemnified PartiesNotwithstanding the foregoing, any Indemnified Parties may, in their sole and absolute discretion, engage their own attorneys and other professionals to defend or assist themthem with respect to such matters, and, at the option of Indemnified Parties, their attorneys shall control the resolution of claim or proceedingsuch matters. Upon demand, Borrower Indemnitors shall pay or, in the sole and absolute discretion of the Indemnified Parties, reimburse, the Indemnified Parties for the payment of reasonable fees and disbursements of attorneys, engineers, environmental consultants, laboratories and other professionals in connection therewith.

Appears in 1 contract

Samples: Environmental Indemnity Agreement (TNP Strategic Retail Trust, Inc.)

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