Common use of Control of Claim Clause in Contracts

Control of Claim. The Company shall have the right to select counsel (provided such counsel is reasonably satisfactory to the Indemnified Person) and to control the defense of any action giving rise to a Claim, provided that an Indemnified Person may nevertheless employ counsel to represent -------- and defend it, but the Company will not be required to pay the fees and disbursements of more than one counsel in any jurisdiction in any proceeding (unless by reason of potential conflicts of interest, representation by more than one counsel is necessary). The right of the Company to control the defense of any action shall not include the right to enter into a settlement with respect to such action, unless such settlement is for money damages only (and the Company first posts a bond or other security satisfactory to the Indemnified Person sufficient to cover the full amount of the proposed settlement).

Appears in 2 contracts

Samples: Operating Agreement (Mediacom Broadband Corp), Operating Agreement (Mediacom Capital Corp)

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Control of Claim. The Company shall have the right to select counsel (provided such counsel is reasonably satisfactory to the Indemnified Person) and to control the defense of any action giving rise to a Claim, provided PROVIDED that an Indemnified Person may nevertheless employ counsel to represent -------- and defend it, but the Company will not be required to pay the fees and disbursements of more than one counsel in any jurisdiction in any proceeding (unless by reason of potential conflicts of interest, representation by more than one counsel is necessary). The right of the Company to control the defense of any action shall not include the right to enter into a settlement with respect to such action, unless such settlement is for money damages only (and the Company first posts a bond or other security satisfactory to the Indemnified Person sufficient to cover the full amount of the proposed settlement).

Appears in 2 contracts

Samples: Operating Agreement (Mediacom Capital Corp), Operating Agreement (Mediacom Capital Corp)

Control of Claim. The Company shall have the right to select ---------------- counsel (provided such counsel is reasonably satisfactory to the Indemnified Person) and to control the defense of any action giving rise to a Claim, provided that an Indemnified Person may nevertheless employ counsel to represent -------- and defend it, but the Company will not be required to pay the fees and disbursements of more than one counsel in any jurisdiction in any proceeding (unless by reason of potential conflicts of interest, representation by more than one counsel is necessary). The right of the Company to control the defense of any action shall not include the right to enter into a settlement with respect to such action, unless such settlement is for money damages only (and the Company first posts a bond or other security satisfactory to the Indemnified Person sufficient sufficient, without regard to the provisions of Section 11.6, to cover the full amount of the proposed settlement).

Appears in 2 contracts

Samples: Operating Agreement (Mediacom LLC), Operating Agreement (Mediacom LLC)

Control of Claim. The Company shall have the right to select ---------------- counsel (provided such counsel is reasonably satisfactory to the Indemnified Person) and to control the defense of any action giving rise to a Claim, provided that an Indemnified Person may nevertheless employ counsel to represent -------- and defend it, but the Company will not be required to pay the fees and disbursements of more than one counsel in any jurisdiction in any proceeding (unless by reason of potential conflicts of interest, representation by more than one counsel is necessary)) . The right of the Company to control the defense of any action shall not include the right to enter into a settlement with respect to such action, unless such settlement is for money damages only (and the Company first posts a bond or other security satisfactory to the Indemnified Person sufficient sufficient, without regard to the provisions of Section 11.6, to cover the full amount of the proposed settlement).

Appears in 2 contracts

Samples: California LLC Operating Agreement (Mediacom LLC), Operating Agreement Operating Agreement (Mediacom LLC)

Control of Claim. The Company shall have the right to select counsel (provided such counsel is reasonably satisfactory to the Indemnified Person) and to control the defense of any action giving rise to a Claim, provided that an Indemnified Person may nevertheless employ counsel to -------- represent -------- and defend it, but the Company will not be required to pay the fees and disbursements of more than one counsel in any jurisdiction in any proceeding (unless by reason of potential conflicts of interest, representation by more than one counsel is necessary). The right of the Company to control the defense of any action shall not include the right to enter into a settlement with respect to such action, unless such settlement is for money damages only (and the Company first places such funds in escrow or posts a bond or other security reasonably satisfactory to the Indemnified Person sufficient sufficient, without regard to the provisions of Section 15.6, to cover the full amount of the proposed settlement).

Appears in 1 contract

Samples: Operating Agreement (Mediacom Capital Corp)

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Control of Claim. The Company shall have the right to select counsel (provided such counsel is reasonably satisfactory to the Indemnified Person) and to control the defense of any action giving rise to a Claim, provided that an Indemnified Person may nevertheless employ counsel to represent -------- and defend it, but the Company will not be required to pay the fees and disbursements of more than one counsel in any jurisdiction in any proceeding (unless by reason of potential conflicts of interest, representation by more than one counsel is necessary). The right of the Company to control the defense of any action shall not include the right to enter into a settlement with respect to such action, unless such settlement is for money damages only (and the Company first places such funds in escrow or posts a bond or other security reasonably satisfactory to the Indemnified Person sufficient sufficient, without regard to the provisions of Section 15.6, to cover the full amount of the proposed settlement).

Appears in 1 contract

Samples: Operating Agreement (Mediacom LLC)

Control of Claim. The Company shall have the right to select counsel (provided such counsel is reasonably satisfactory to the Indemnified Person) and to control the defense of any action giving rise to a Claim, provided that an Indemnified Person may nevertheless employ counsel to represent -------- and defend it, but the Company will not be required to pay the fees and disbursements of more than one counsel in any jurisdiction in any proceeding (unless by reason of potential conflicts of interest, representation by more than one counsel is necessary). The right of the Company to control the defense of any action shall not include the right to enter into a settlement with respect to such action, unless such settlement is for money damages only (and the Company first posts a bond or other security satisfactory to the Indemnified Person sufficient sufficient, without regard to the provisions of Section 11.6, to cover the full amount of the proposed settlement).

Appears in 1 contract

Samples: Operating Agreement (Insight Communications Co Inc)

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