Common use of Control of Litigation Clause in Contracts

Control of Litigation. The indemnitor hereunder shall have full control of the defense of such litigation and, subject to sub-section (d) below, may settle, compromise or adjust the same, provided, however, that the indemnitee, upon relieving the indemnitor in writing of the obligations imposed hereunder for defense and indemnification, shall have the right, if it so elects, to conduct such litigation at its own expense by its own counsel.

Appears in 3 contracts

Samples: Content Provider Agreement (Launch Media Inc), Strategic Alliance Agreement (Launch Media Inc), Strategic Alliance Agreement (Launch Media Inc)

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Control of Litigation. The indemnitor hereunder shall have full --------------------- control of the defense of such litigation and, subject to sub-section (d) below, and may settle, compromise or adjust the same, provided, however, that the indemnitee, upon relieving the indemnitor in writing of the obligations imposed hereunder for defense and indemnification, shall have the right, if it so elects, to conduct such litigation at its own expense by its own counsel.

Appears in 3 contracts

Samples: Chat Services Agreement (Talk City Inc), Chat Services Agreement (Talk City Inc), Chat Services Agreement (Talk City Inc)

Control of Litigation. The indemnitor hereunder shall have full control of the defense of such litigation and, subject to sub-section (d) below, and may settle, compromise or adjust the same, provided, however, that the indemnitee, upon relieving the indemnitor in writing of the obligations imposed hereunder for defense and indemnificationindemnificaion, shall have the right, if it so elects, to conduct such litigation at its own expense by its own counsel.

Appears in 1 contract

Samples: Stock Purchase and Advertising Agreement (Coolsavings Com Inc)

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Control of Litigation. The indemnitor hereunder shall have full control of the defense of such litigation and, subject to sub-section (d) below, and may settle, compromise or adjust the same, provided, however, that the indemnitee, upon relieving the indemnitor in writing of the obligations imposed hereunder for defense and indemnification, shall have the right, if it so elects, to conduct such litigation at its own expense by its own counsel.

Appears in 1 contract

Samples: Ivillage Inc

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