No Settlement By Indemnitee Without Consent. Unless the Indemnifying Party has failed to manage the defense of the Third Party Claim in accordance with the terms of this Agreement, no Indemnitee may settle or compromise any Third Party Claim without the consent of the Indemnifying Party.
Appears in 25 contracts
Samples: Indemnification and Insurance Matters Agreement (Mercfuel Inc), Indemnification and Insurance Matters Agreement (Roxio Inc), Indemnification Agreement (Maxtor Corp)
No Settlement By Indemnitee Without Consent. Unless the Indemnifying Party has failed to manage the defense of the Third Third-Party Claim in accordance with the terms of this Agreement, no Indemnitee may settle or compromise any Third Third-Party Claim without the consent of the Indemnifying Party.
Appears in 3 contracts
Samples: Master Separation Agreement (Aquila Energy Corp), Master Separation Agreement (Aquila Inc), Master Separation Agreement (Aquila Inc)
No Settlement By Indemnitee Without Consent. Unless the Indemnifying ------------------------------------------- Party has failed to manage the defense of the Third Party Claim in accordance with the terms of this AgreementArticle VII, no Indemnitee may settle or compromise any Third Party Claim without the consent of the Indemnifying Party.
Appears in 2 contracts
Samples: Separation Agreement (Millipore Microelectronics Inc), Separation Agreement (Millipore Corp /Ma)
No Settlement By Indemnitee Without Consent. Unless the Indemnifying Party has failed to manage the defense of the Third Party Claim in accordance with the terms of this Agreement, no Indemnitee may settle or compromise any Third Party Claim without the consent of the Indemnifying Party, which consent shall not be unreasonably withheld or delayed, it being understood that it is not unreasonable to withhold consent where a full release in favor of the Indemnifying Party is not obtained.
Appears in 2 contracts
Samples: Indemnification and Insurance Matters Agreement (Tality Corp), Indemnification and Insurance Matters Agreement (Cadence Design Systems Inc)
No Settlement By Indemnitee Without Consent. Unless the Indemnifying Party has failed to manage the defense of the Third Party Claim in accordance with the terms of this Agreement, or has failed to notify an Indemnitee that it will assume responsibility as provided in Section 2.5(b), no Indemnitee may settle or compromise any Third Party Claim without the consent of the Indemnifying Party.
Appears in 2 contracts
Samples: Indemnification Agreement (Morgans Hotel Group Co.), Indemnification and Separation Agreement (Strategic Hotel Capital Inc)
No Settlement By Indemnitee Without Consent. Unless the Indemnifying Party has failed to manage the defense of the Third Party Claim in accordance with the terms of this AgreementSection 1.6(b), no Indemnitee may settle or compromise any Third Party Claim without the consent of the Indemnifying Party.
Appears in 1 contract
No Settlement By Indemnitee Without Consent. Unless the Indemnifying Party has failed to manage the defense of the Third Party Claim in accordance with the terms of this Agreement, no Indemnitee may settle or compromise any Third Party Claim without the consent of the Indemnifying Party (such consent to be at the sole discretion of the Indemnifying Party).
Appears in 1 contract
Samples: Indemnification and Insurance Matters Agreement (Axcelis Technologies Inc)
No Settlement By Indemnitee Without Consent. Unless the Indemnifying Party has failed to manage the defense of the Third Party Claim in accordance with the terms of this Agreement, or has failed to notify an Indemnitee that it will assume responsibility as provided in Section 2.4(b), no Indemnitee may settle or compromise any Third Party Claim without the consent of the Indemnifying Party.
Appears in 1 contract
Samples: Indemnification Agreement (Morgans Hotel Group Co.)
