Right to Settle. MLIDC reserves the right to settle on behalf of --------------- itself, and on behalf of itself and Broker collectively if Broker agrees, any claims, complaints or grievances made by applicants, contract holders or others in connection with the Contracts, and concerning any conduct, act or omission by the Broker or its agents or representatives with respect to the Contracts or any transactions arising out of this Agreement. If Broker does not agree to a collective settlement with MLIDC and MLIDC, on behalf of itself, settles the matter, Broker shall indemnify and hold harmless MLIDC from any and all claims, complaints or grievances made by Broker or any applicant, contract holder or other person or entity made in connection with such matter.
Right to Settle. The Indemnified Party shall have the right to undertake the defense, compromise or settlement of any Claim asserted by a third party or consent to the entry of a judgment with respect to such Claim, on behalf of and for the account and risk of the Indemnifying Party, and the Indemnifying Party shall thereafter have no right to challenge the Indemnified Party's defense, compromise, settlement or consent to judgment.
Right to Settle. Company reserves the right to settle on behalf of itself, and on behalf of itself and Broker collectively, if Broker agrees, any claims, complaints or grievances made by applicants, policyholders or others in connection with the Contracts, and concerning any conduct, act or omission by the Broker or its agents or Representatives with respect to the Contracts or any transactions arising out of this Agreement. If Broker does not agree to a collective settlement with Company and Company, on behalf of itself, settles the matter, Broker shall indemnify, defend and hold harmless Company from any and all claims, complaints or grievances made by Broker or any applicant, policyholder or other person or entity made in connection with such matter.
Right to Settle. The Employer shall have the right to settle any litigation, proceeding or claim against the Executive exclusively for money damages as, and to the extent, to which the Employer is liable for indemnification as long as the Executive receives a release from all parties to such litigation. Notwithstanding the foregoing, neither the Employer nor the Executive may settle or compromise any claim over the objection of the other unless the settling party settles such claim at no cost to the other party and obtains a full and unconditional release of the other party; provided, that the consent to settlement or compromise shall not be unreasonably withheld.
Right to Settle. Principal Underwriter reserves the right to settle on behalf of itself, and on behalf of itself and Broker collectively if Broker agrees, any claims, complaints or grievances made by applicants, contract holders or others in connection with the Contracts, and concerning any conduct, act or omission by the Broker or its agents or representatives with respect to the Contracts or any transactions arising out of this Agreement. If Broker does not agree to a collective settlement with Principal Underwriter and Principal Underwriter, on behalf of itself, settles the matter, Broker shall indemnify and hold harmless Principal Underwriter from any and all claims, complaints or grievances made by Broker or any applicant, contract holder or other person or entity made in connection with such matter. Enterprise Selling Agreement 9-16
Right to Settle. Subject to the provisions of this Article 5, Claimant shall have the sole and exclusive right to Settle the Claims or the Litigation.
Right to Settle. Subject to the provisions of this Article IV, (i) RareGen shall Settle any Claim or Claims or all or any portion of the Litigation with one or more Defendants at such times and upon such terms as Holdings may direct, in Holdings’ sole but reasonable discretion; provided, however, that RareGen shall not be required to enter into any such Settlement if the terms thereof would lead to liability or the creation of a financial or other obligation or restriction on the part of RareGen, Liquidia Corporation or Liquidia Technologies, Inc. (other than a covenant not to xxx or other similar obligation customarily included in a settlement agreement and related to the subject matter of the Litigation), and (ii) RareGen shall not Settle any Claim or Claims or all or any portion of the Litigation without the prior written consent of Holdings. In connection with any such Settlement, RareGen will sign such releases and waivers as may be customary in a settlement of claims.
Right to Settle. Where in the sole opinion of WCA a claim covered under the Agreement may be settled or compromised, WCA shall be entitled to demand that the Member shall settle and/or compromise the claim. If the Member shall unreasonably refuse, then WCA may discharge their obligations under the Agreement either by payment to the Member of any sum representing the amount at which the claim could be settled or compromised (in the opinion of WCA) less the applicable deductible, or if the claim may be settled or compromised under such deductible, then by giving written notice to the Member that WCA consider their liability to have been discharged and by giving such notice WCA shall be discharged in respect of the claim. Failure to do so will entitle WCA to reject the claim.
Right to Settle. Many Indemnity Agreements give the surety a right to settle claim. However, in Bond Safeguard Ins. Co. x. Xxxx, 484 F. App’x 400, 403–04 (11th Cir. 2012), the right to settle provision was modified. The provision provided: “The Company, after consultation with the Principal, shall have the exclusive right to determine for itself and the Indemnitors whether any claim or suit brought against the Company or the Principal upon any such bond shall be settled or defended and its decision shall be binding and conclusive upon the Indemnitors.” The Court found that the language “after consultation with Principal” created as condition precedent to the surety’s right to be indemnified. In Bond Safeguard, surety met with the principal to discuss defaults on two projects. But, the Court found that this was not enough to constitute a “consultation.” Essentially, with this language inserted, the surety needed to get the principal’s input on potential settlement before agreeing to any settlement.
Right to Settle. Litigant shall not Settle the Claims or the Litigation without the prior consultation of the Funder, whose input shall be considered and addressed in writing if requested in writing, to the extent such consultation is practicable given the timing and exigencies of Settling the Claims (written input is unlikely to be practicable in, for example, a mediation). Funder shall have the right but not the obligation to participate in real-time settlement negotiations (e.g., a mediation). Notwithstanding the foregoing, Litigant shall have the sole and exclusive right to settle on whatever terms it deems acceptable.
