Control of Defense and Settlement. Contractor’s obligation to indemnify Agency as set forth in Sections 10.1 and 10.2 is conditioned on Agency providing to Contractor prompt notification of any claim or potential claim of which Agency becomes aware that may be the subject of those Sections. Contractor shall have control of the defense and settlement of any claim that is subject to Section 10.1 or Section 10.2; however, neither Contractor nor any attorney engaged by Contractor shall defend the claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the approval of the Attorney General, nor shall Contractor settle any claim on behalf of the State of Oregon without the approval of the Attorney General. The State of Oregon may, at its election and expense, assume its own defense and settlement in the event that the State of Oregon determines that Contractor is prohibited from defending the State of Oregon, is not adequately defending the State of Oregon’s interests, or that an important governmental principle is at issue and the State of Oregon desires to assume its own defense.
Control of Defense and Settlement. Additionally, Subcontractor will have the right and sole authority to control the defense or settlement of any claims, provided that no contribution or action by the Indemnitees is required in connection with the settlement.
Control of Defense and Settlement. Contractor shall promptly provide Notice to the County of any proposed settlement, and Contractor may not, without County’s prior written consent (which the County will not unreasonably withhold, condition, or delay), settle such claim or consent to entry of any third-party judgment. Nothing in this section precludes Contractor from allowing County to undertake control of the defense.
Control of Defense and Settlement. AGENT SHALL HAVE CONTROL OF THE DEFENSE AND SETTLEMENT OF ANY CLAIM THAT IS SUBJECT TO SECTIONS 14(A) OR (B); HOWEVER, NEITHER AGENT NOR ANY ATTORNEY ENGAGED BY AGENT SHALL DEFEND THE CLAIM IN THE NAME OF THE COMMISSION, THE STATE OF OREGON OR ANY AGENCY OF THE STATE OF OREGON, NOR PURPORT TO ACT AS LEGAL REPRESENTATIVE OF THE STATE OF OREGON OR ANY OF ITS AGENCIES, WITHOUT FIRST RECEIVING FROM THE OREGON ATTORNEY GENERAL, IN A FORM AND MANNER DETERMINED APPROPRIATE BY THE ATTORNEY GENERAL, AUTHORITY TO ACT AS LEGAL COUNSEL FOR THE STATE OF OREGON, NOR SHALL AGENT SETTLE ANY CLAIM ON BEHALF OF THE STATE OF OREGON WITHOUT THE APPROVAL OF THE ATTORNEY GENERAL. THE STATE OF OREGON MAY, AT ITS ELECTION AND EXPENSE, ASSUME ITS OWN DEFENSE AND SETTLEMENT IN THE EVENT THAT THE STATE OF OREGON DETERMINES THAT AGENT IS PROHIBITED FROM DEFENDING THE STATE OF OREGON, OR IS NOT ADEQUATELY DEFENDING THE STATE OF OREGON’S INTERESTS, OR THAT AN IMPORTANT GOVERNMENTAL PRINCIPLE IS AT ISSUE, AND THE STATE OF OREGON DESIRES TO ASSUME ITS OWN DEFENSE.
Control of Defense and Settlement. Contractor’s obligation to indemnify Agency as set forth in Sections 12.1 and 12.2 is conditioned on Agency providing to Contractor prompt notification of any claim or potential claim of which Agency becomes aware that may be the subject of those sections. Contractor will have control of the defense and settlement of any claim that is subject to Section 12.1 or Section 12.2; however, neither Contractor nor any attorney engaged by Contractor will defend the claim in the name of the State of Oregon or any agency of State, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the approval of the Attorney General, nor will Contractor settle any claim on behalf of the State of Oregon without the approval of the Attorney General. State may, at its election and expense, assume its own defense and settlement in the event that State determines that Contractor is prohibited from defending State, is not adequately defending State’s interests, or that an important governmental principle is at issue and State desires to assume its own defense.
Control of Defense and Settlement. The Person required to provide indemnification (an “indemnitor”) shall have the right to defend, and shall defend, the Person entitled to be defended hereunder (an “indemnitee”) at the indemnitor’s expense and by counsel of the indemnitor’s own choosing (subject to the applicable indemitee’s approval of such counsel, not to be unreasonably withheld), against any matter to which an indemnity agreement set forth in this Section 9.1 would apply. The right of any indemnitee, to defend or settle any such matter shall be limited to those cases where the indemnitor has failed or refused to defend after written notice to the indemnitee or cases where the indemnitee reasonably determines that a conflict of interest exists. In all cases, the indemnitor will not be obligated for any settlement made without its approval, unless the indemnitor has wrongfully refused to take up defense of the related matter upon demand of the indemnitee. Unless the indemnitee otherwise agrees, the indemnitor may not settle a claim against an indemnitee on terms that (i) provide for a criminal sanction or fine against the indemnitee, (ii) admit to criminal liability on the part of the indemnitee or (iii) provide for injunctive relief against the indemnitee. The indemnitor or an indemnitee, as applicable, shall regularly apprise the other of the status of all proceedings.
Control of Defense and Settlement. Contractor’s obligation to indemnify County as set forth in Sections 10.1 and 10.2 is conditioned on the County providing to Contractor prompt notification of any claim or potential claim of which County becomes aware that may be the subject of those Sections. Contractor shall have control of the defense and settlement of any claim that is subject to Section 10.1 or Section 10.2; however, neither Contractor nor any attorney engaged by Contractor shall defend the claim in the name of the County, nor purport to act as legal representative of the County, without the approval of the County, nor shall Contractor settle any claim on behalf of the County without the approval of the County. The County may, at its election and expense, assume its own defense and settlement in the event that the County determines that Contractor is prohibited from defending the County, is not adequately defending the County’s interests, or that an important governmental principle is at issue and the County desires to assume its own defense.
Control of Defense and Settlement. Contractor’s obligation to indemnify the State or Agency is conditioned on the State or Agency providing to Contractor prompt notification of any claim or potential claim of which the State or Agency becomes aware that may fall within the scope of Contractor’s indemnification obligations described therein. Contractor shall have control of the defense and settlement of any claim that is subject to Section 4.2; however, neither Contractor nor any attorney engaged by Contractor shall defend the claim in the name of the State of Oregon or any agency or department of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without the approval of the Attorney General, nor shall Contractor settle any claim on behalf of the State of Oregon without the approval of the Attorney General. The State of Oregon may, at its election and expense, assume its own defense and settlement in the event that the State of Oregon determines that Contractor is prohibited from defending the State of Oregon, is not adequately defending the State of Oregon’s interests, or that an important governmental principle is at issue and the State of Oregon desires to assume its own defense.
Control of Defense and Settlement. Employer or TPA, as the case may be, shall have control of the defense and settlement of any claim that is subject to sections 11.1(a) or 11.1(b); however, neither Employer, TPA, nor any attorney engaged by Employer or TPA shall defend the claim in the name of the State of Oregon or any agency of the State of Oregon, nor purport to act as legal representative of the State of Oregon or any of its agencies, without first receiving from the Oregon Attorney General, in a form and manner determined appropriate by the Attorney General, authority to act as legal counsel for the State of Oregon, nor shall contractor settle any claim on behalf of the State of Oregon without the approval of the Attorney General. The State of Oregon may, at its election and expense, assume its own defense and settlement in the event that the State of Oregon determines that Employer or TPA, as the case may be, is prohibited from defending the State of Oregon, or is not adequately defending the State of Oregon’s interests, or that an important governmental principle is at issue and the State of Oregon desires to assume its own defense.
Control of Defense and Settlement. Any defense counsel retained by the Vendor to defend the Judicial Council and the Judicial Branch Group and their respective officers, agents, employees, and contractors in any claim, action, suit or proceeding covered under the Vendor’s indemnity obligations (“Claim” or “Claims”) shall be subject to the prior written approval of the Judicial Council. The Vendor shall keep the Judicial Council informed of any Claims and shall provide periodic written reports to the Judicial Council of any Significant Developments. “
