Common use of Settlement of Third Party Claims Clause in Contracts

Settlement of Third Party Claims. The Party that controls the defense of a given claim shall also have the right to control settlement of such claim; provided, however, that (a) no settlement shall be entered into by such controlling Party without the prior written consent of the non-controlling Party if such settlement would adversely affect or diminish the rights and benefits of the non-controlling Party under this Agreement or impose any new obligations or adversely affect any obligations of the non-controlling Party under this Agreement and (b) the controlling Party shall not be entitled to settle any such Third Party claim by granting a license or covenant not to xxx under or with respect to the non-controlling Party’s intellectual property rights without the prior written consent of the non-controlling Party, not to be unreasonably withheld or delayed.

Settlement of Third Party Claims. The Controlling Party that controls the defense with respect to a particular claim pursuant to Section 7.4.1 (Defense of a given claim Third Party Claims) also shall also have the right to control settlement of such claim; provided, however, provided that (a) no settlement shall be entered into by such controlling Party without the prior written consent of the nonNon-controlling Controlling Party if such settlement would adversely affect or diminish the rights and benefits of the nonNon-controlling Controlling Party under this Agreement Agreement, or impose any new obligations or adversely affect any obligations of the nonNon-controlling Controlling Party under this Agreement Agreement, and (b) the controlling Controlling Party shall not be entitled to settle any such Third Party claim by granting a license or covenant not to xxx under or with respect to the non-controlling Party’s Patents or other intellectual property rights owned or otherwise controlled by the Non-Controlling Party without the prior written consent of the nonNon-controlling Controlling Party, such consent not to be unreasonably conditioned, withheld or delayed.

Settlement of Third Party Claims. The Party that controls the defense of a given claim shall also have the right to control settlement of such claim; provided, however, that (a) no settlement shall be entered into by such controlling Party without the prior written consent of the non-controlling Party if such settlement would adversely affect or diminish the rights and benefits of the non-controlling Party under this Agreement or Agreement, impose any new obligations or adversely affect any obligations of the non-controlling Party under this Agreement Agreement, or adversely affect the validity or enforceability of the Patents or other intellectual property rights of such non-controlling Party and (b) the controlling Party shall not be entitled to settle any such Third Party claim by granting a license or covenant not to xxx under or with respect to the non-controlling Party’s intellectual property rights without the prior written consent of the non-controlling Party, not to be unreasonably withheld or delayed.

Settlement of Third Party Claims. The Controlling Party that controls the defense of with respect to a given particular claim pursuant to Section 6.4.1 also shall also have the right to control settlement of such claim; provided, however, provided that (a) no settlement shall be entered into by such controlling Party without the prior written consent of the nonNon-controlling Controlling Party if such settlement would adversely affect or diminish the rights and benefits of the nonNon-controlling Controlling Party under this Agreement Agreement, or impose any new obligations or adversely affect any obligations of the nonNon-controlling Controlling Party under this Agreement and (b) the controlling Controlling Party shall not be entitled to settle any such Third Party claim by granting a license or covenant not to xxx under or with respect to the non-controlling Party’s Patents or other intellectual property rights owned or otherwise controlled by the Non-Controlling Party without the prior written consent of the nonNon-controlling Controlling Party, in each case ((a) and (b)) such consent not to be unreasonably conditioned, withheld or delayed.

Settlement of Third Party Claims. The Party that controls the defense of a given claim shall also have the right to control settlement of such claim; provided, however, that (a) no settlement shall be entered into by such controlling Party without the prior written consent of the non-controlling Party if such settlement would adversely affect or diminish the rights and benefits of the non-controlling Party under this Agreement or Agreement, impose any new obligations or adversely affect any obligations of the non-controlling Party under this Agreement Agreement, or adversely affect the validity or enforceability of the Patents or other intellectual property rights of such non-controlling Party and (b) the controlling Party shall not be entitled to settle any such Third Party claim by granting a license or covenant not to xxx under or with respect to the non-controlling Party’s intellectual property rights without the prior written consent of the non-controlling Party, not to be unreasonably withheld or delayed. *Confidential treatment requested; certain information omitted and filed separately with the SEC.

Settlement of Third Party Claims. The Controlling Party that controls the defense of with respect to a given particular claim pursuant to Section 7.4.1 also shall also have the right to control settlement of such claim; provided, however, provided that (a) no settlement shall be entered into by such controlling Party without the prior written consent of the nonNon-controlling Controlling Party if such settlement would adversely affect or diminish the rights and benefits of the nonNon-controlling Controlling Party under this Agreement Agreement, or impose any new obligations or adversely affect any obligations of the nonNon-controlling Controlling Party under this Agreement Agreement, and (b) the controlling Controlling Party shall not be entitled to settle any such Third Party claim by granting a license or covenant not to xxx sue under or with respect to the non-controlling Party’s Patents or other intellectual property rights owned or otherwise controlled by the Non-Controlling Party without the prior written consent of the non-controlling Non- Controlling Party, such consent not to be unreasonably conditioned, withheld or delayed.

Settlement of Third Party Claims. The Controlling Party that controls the defense of with respect to a given particular claim pursuant to Section 9.5.1 also shall also have the right to control settlement of such claim; provided, however, provided that (a) no settlement shall be entered into by such controlling Party without the prior written consent of the nonNon-controlling Controlling Party if such settlement would adversely affect or diminish the rights and benefits of the nonNon-controlling Controlling Party under this Agreement Agreement, or impose any new obligations or adversely affect any obligations of the nonNon-controlling Controlling Party under this Agreement Agreement, and (b) the controlling Controlling Party shall not be entitled to settle any such Third Party claim by granting a license or covenant not to xxx sue under or with respect to the non-controlling Party’s Patents or other intellectual property rights owned or otherwise controlled by the Non-Controlling Party without the prior written consent of the nonNon-controlling Controlling Party, such consent not to be unreasonably conditioned, withheld or delayed.

Settlement of Third Party Claims. The Party that controls the defense of a given claim under this Section 9.5 shall also have the right to control settlement of such claim; provided, however, that (ai) no settlement shall be entered into by such controlling Party without the prior written consent of the non-controlling Party if such settlement would adversely affect or diminish the rights and benefits of the non-controlling Party under this Agreement or Agreement, impose any new obligations or adversely affect any obligations of the non-controlling Party under this Agreement Agreement, or adversely affect the validity or enforceability of the Licensed Patents or the intellectual property rights of such non-controlling Party and (bii) the controlling Party shall not be entitled to settle any such Third Party claim by granting a license or covenant not to xxx under or with respect to the non-controlling Party’s intellectual property rights without the prior written consent of the non-controlling Party, not to be unreasonably withheld or delayed.

Settlement of Third Party Claims. The Party that controls the defense of a given claim with respect to a Licensed Product shall also have the right to control settlement of such claim; provided, however, that (a) no settlement shall be entered into by such controlling Party without the prior written consent of the non-controlling other Party if such settlement would adversely affect or diminish the rights and benefits of the non-controlling other Party under this Agreement or impose any new obligations or adversely affect any obligations of the non-controlling other Party under this Agreement Agreement; and (b) the controlling Party shall not be entitled to settle any such Third Party claim by granting a license or covenant not to xxx under or with respect to the non-controlling other Party’s intellectual property rights Technology without the prior written consent of the non-controlling such other Party, not to be unreasonably withheld withheld, conditioned, or delayed.