Duty to Give Notice and Tender Defense. The City shall give Grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this Section. In the event any such claim arises, the City or any other indemnified party shall timely tender the defense thereof to Grantee and Grantee shall have the obligation and duty to defend any claims arising thereunder, and the City shall cooperate fully therein.
Duty to Give Notice and Tender Defense. The Grantor shall give the Grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this Section. In the event any such claim arises, the Grantor or any other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the obligation and duty to defend, settle or compromise any claims arising thereunder, and the Grantor shall cooperate fully therein. Grantee shall accept or decline the tender within thirty (30) days. Grantee shall reimburse reasonable attorneys’ fees and costs incurred by the Grantor during the thirty (30) day period in which the Grantee accepts or declines tender. In the event that the Grantee declines defense of the claim in violation of Section 5.3, the Grantor may defend such claim and seek recovery from Grantee its expenses for reasonable attorneys’ fees and disbursements, including expert witness fees, incurred by Grantor for defense and in seeking such recovery.
Duty to Give Notice and Tender Defense. The Indemnitee(s) shall give Franchisee timely written notice of the making of any Claim or the commencement of any action, suit or other proceeding covered by the indemnity in this Section 14. In the event any such Claim arises, the Indemnitee(s) shall tender the defense thereof to Franchisee, and Franchisee shall have the right and duty to defend any Claims arising hereunder and the Indemnitees shall cooperate fully therein.
Duty to Give Notice and Tender Defense. The Grantor shall give the Grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this Section. In the event any such claim arises, the Grantor or any other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the obligation and duty to defend, settle or compromise any claims arising thereunder, and the Grantor shall cooperate fully therein. Grantee shall accept or decline the tender within thirty (30) days. Grantee shall reimburse reasonable attorneys’ fees and costs incurred by the Grantor during the thirty (30) day period in which the Grantee accepts or declines tender. In the event that the Grantee declines defense of the claim in violation of Section 5.3, the Grantor may defend such claim and seek recovery from Grantee its expenses for reasonable attorneys’ fees and disbursements, including expert witness fees, incurred by Grantor for defense and in seeking such recovery. If the Grantee fails to defend as required in Section 8.3 above, then the Grantee agrees to and shall pay all expenses incurred by Cowlitz County, and its officers, agents, and employees, in defending itself with regard to all claims, damages and penalties mentioned in Section 8.3 above. These expenses shall include all out-of-pocket expenses, such as attorney fees, and shall also include the value of any services rendered by any employees of the Grantor.
Duty to Give Notice and Tender Defense. The Grantor shall give the Grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this Section. In the event any such claim arises, the Grantor or any other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the obligation and duty to defend any claims arising thereunder, and the Grantor shall cooperate fully therein.
Duty to Give Notice and Tender Defense. The Grantor shall give the Grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity obligation in this Section. In the event any such claim arises, the Grantor or any other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the obligation and duty to defend, settle or compromise any claims arising thereunder, and the Grantor shall cooperate fully therein. Grantee shall accept or decline the tender within thirty (30) days. Grantee shall reimburse reasonable attorney fees and costs incurred by the Grantor during the thirty
Duty to Give Notice and Tender Defense. The Grantor shall give the Grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this Section. In the event any such claim arises, the Grantor or any other indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have the obligation and duty to defend, settle or compromise any claims arising thereunder, and the Grantor shall cooperate fully therein. Grantee shall consult and cooperate with Grantor while conducting its defense of Grantor. Grantor may participate in the defense of a claim, but if Grantee provides a defense at Grantee’s expense, then Grantee shall not be liable for any attorneys’ fees, expenses or other costs that Grantor may incur if it chooses to participate in the defense of a claim, unless and until separate representation as described below in Paragraph 5.3(F) is required. In that event, the provisions of Paragraph 5.3(F) shall govern Grantee’s responsibility for Xxxxxxx’s attorney’s fees, expenses or other costs. In any event, Grantee may not agree to any settlement of claims affecting Grantor without Grantor’s approval. In the event that the Grantee declines defense of the claim in violation of Section 5.3, the Grantor may defend such claim and seek recovery from Grantee its expenses for reasonable attorneys’ fees and disbursements, including expert witness fees, incurred by Grantor for defense and in seeking such recovery.
