Common use of Settlement and Defense of Claims Clause in Contracts

Settlement and Defense of Claims. Except as hereinafter provided, upon receiving notice in accordance with section 5.2, the Selling Shareholders shall have the right to settle at his own cost and expense all Claims which are susceptible of being settled or defended, and to defend, through counsel of his own choosing and at his own cost and expense, any third party action which may be brought in connection therewith; provided, that the Selling Shareholders shall be required to keep Purchaser fully and currently informed as to all settlement negotiations and the progress of any litigation; and provided further that the Purchaser shall have the right to fully participate in the defense and settlement of any Claim at its own expense.

Appears in 2 contracts

Samples: Capital Stock Purchase Agreement (Marketshare Recovery Inc), Capital Stock Purchase Agreement (Palomar Enterprises Inc)

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Settlement and Defense of Claims. Except as hereinafter provided, upon receiving notice in accordance with section 5.2, the Selling Shareholders Shareholder shall have the right to settle at his its own cost and expense all Claims which are susceptible of being settled or defended, and to defend, through counsel of his own choosing and at his own cost and expense, any third party action which may be brought in connection therewith; provided, that the Selling Shareholders Shareholder shall be required to keep Purchaser fully and currently informed as to all settlement negotiations and the progress of any litigation; and provided further that the Purchaser shall have the right to fully participate in the defense and settlement of any Claim at its their own expense.

Appears in 2 contracts

Samples: Stock Purchase Agreement (Turquoise Partners LLC), Stock Purchase Agreement (R R Biotech Partners LLC)

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