Common use of Duty to Defend Clause in Contracts

Duty to Defend. In the event the DISTRICT, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this Agreement, and upon demand by DISTRICT, CONSULTANT shall defend the DISTRICT at CONSULTANT’s cost or at DISTRICT’s option, to reimburse DISTRICT for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by DISTRICT is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and DISTRICT, as to whether liability arises from the sole or active negligence of the DISTRICT or its officers, employees, or agents, CONSULTANT will be obligated to pay for DISTRICT’s defense until such time as a final judgment has been entered adjudicating the DISTRICT as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

Duty to Defend. In the event the DISTRICTAGENCY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AgreementAGREEMENT, and upon demand by DISTRICTAGENCY, CONSULTANT shall defend the DISTRICT AGENCY at CONSULTANT’s cost or at DISTRICTAGENCY’s option, to reimburse DISTRICT AGENCY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by DISTRICT AGENCY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and DISTRICTAGENCY, as to whether liability arises from the sole or active negligence of the DISTRICT AGENCY or its officers, employees, or agents, CONSULTANT will be obligated to pay for DISTRICTAGENCY’s defense until such time as a final judgment has been entered adjudicating the DISTRICT AGENCY as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.

Duty to Defend. In the event the DISTRICTCITY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AgreementAGREEMENT, and upon demand by DISTRICTCITY, CONSULTANT shall defend the DISTRICT CITY at CONSULTANT’s cost or at DISTRICT’s CITY's option, to reimburse DISTRICT CITY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by DISTRICT CITY is not a condition precedent to enforcement of this indemnity. In the event of any dispute between CONSULTANT and DISTRICTCITY, as to whether liability arises from the sole or active negligence of the DISTRICT CITY or its officers, employees, or agents, CONSULTANT will be obligated to pay for DISTRICT’s CITY's defense until such time as a final judgment has been entered adjudicating the DISTRICT CITY as solely or actively negligent. CONSULTANT will not be entitled in the absence of such a determination to any reimbursement of defense costs including but not limited to attorney’s fees, expert fees and costs of litigation.