Common use of Multiple Claims Clause in Contracts

Multiple Claims. For the avoidance of doubt, a single suit, action, proceeding or demand may include multiple Claims. In the event any such suit, action, proceeding or demand requires the defense of both (i) an indemnified Claim for which the Indemnifying Party has assumed the defense in accordance with Section 11.3.2 and (ii) (A) an indemnified Claim for which the Indemnified Party controls the defense settlement; (B) Claims for which each Party is required to indemnify the other Party; and/or (C) a Claim not subject to indemnification under Section 11.1 or Section 11.2, as applicable, for which a Party retains the right to control the defense, then (1) the Parties shall reasonably cooperate in the defense and settlement of such Claims (except to the extent where such cooperation would present a conflict of interest), including as required under Section 11.3.5 and (2) the Indemnifying Party shall only be required to indemnify the Indemnified Party for the Claim(s) that are subject to Indemnification in accordance with Section 11.1 or Section 11.2, as applicable. For purposes of clarity, a Party shall not be required to seek the consent of the other Party in the settlement of any non-indemnified claim.

Multiple Claims. For the avoidance of doubt, a single suit, action, proceeding or demand may include multiple Claimsclaims. In the event any such suit, action, proceeding or ACTIVE/105730326.3 demand requires the defense of both (i) an indemnified Claim claim for which the Indemnifying Party has assumed the defense in accordance with Section 11.3.2 11.3(b) and (ii) (A) an indemnified Claim claim for which the Indemnified Party controls the defense settlement; (B) Claims claims for which each Party is required to indemnify the other Party; and/or (C) a Claim claim not subject to indemnification under Section 11.1 or Section 11.2, as applicable, for which a Party retains the right to control the defense, then (1) the Parties shall reasonably cooperate in the defense and settlement of such Claims claims (except to the extent where such cooperation would present a conflict of interest), including as required under Section 11.3.5 11.3(e) and (2) without limitation of Section 11.4, the Indemnifying Party shall only be required to indemnify the Indemnified Party for the Claim(sclaim(s) that are subject to Indemnification indemnification in accordance with Section 11.1 or Section 11.2, as applicable. For purposes of clarity, a Party shall not be required to seek the consent of the other Party in the settlement of any non-indemnified claim.