Common use of Participating in or Assuming the Defense Clause in Contracts

Participating in or Assuming the Defense. The indemnifying party may participate in the defense at any time or it may assume the defense by giving notice to the other party. After assuming the defense, the indemnifying party:

Appears in 77 contracts

Samples: Administration and Accounting Services Agreement (First Trust Variable Insurance Trust), Agreement (Nassau Life Variable Accumulation Account), Agreement (Nassau Life Variable Universal Life Account)

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Participating in or Assuming the Defense. The indemnifying party may participate in the defense at any time or it may assume the defense by giving notice to the other party. After assuming the defense, the indemnifying party:: (1) must select an attorney that is satisfactory to the other party;

Appears in 6 contracts

Samples: Custodian Services Agreement (First Trust Value Line R 100 Fund), Custodian Services Agreement (First Trust Strategic High Income Fund), Board Administration Services Agreement (First Trust Exchange-Traded Fund)

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Participating in or Assuming the Defense. The indemnifying party may participate in the defense at any time or it may assume the defense by giving notice to the other party. After assuming the defense, the indemnifying party:

Appears in 1 contract

Samples: Custodian Services Agreement (First Trust Strategic High Income Fund Iii)

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