Settlement or Compromise. No Party shall settle or compromise any claim, suit, action or proceeding without the prior written consent of the other Party, which shall not be unreasonably withheld or delayed. Any settlement or compromise made or caused to be made by the indemnified Party or the indemnifying Party, as the case may be, of any such claim, suit, action or proceeding of the kind referred to in Article 10 shall also be binding upon the indemnifying Party or the indemnified Party, as the case may be, in the same manner as if a final judgment or decree had been entered by a court of competent jurisdiction in the amount of such settlement or compromise.
Appears in 9 contracts
Samples: Asset Purchase Agreement (ERF Wireless, Inc.), Asset Purchase and Sale Agreement (KeyOn Communications Holdings Inc.), Asset Purchase and Sale Agreement (KeyOn Communications Holdings Inc.)
Settlement or Compromise. No Party party shall settle or compromise any claim, suit, action or proceeding Proceeding without the prior written consent of the other Partyparty, which shall not be unreasonably withheld withheld, conditioned or delayed. Any settlement or compromise made or caused to be made by the indemnified Party party or the indemnifying Partyparty, as the case may be, of any such claim, suit, action or proceeding Proceeding of the kind referred to in Article 10 SECTION 8.4 shall also be binding upon the indemnifying Party party or the indemnified Partyparty, as the case may be, in the same manner as if a final judgment or decree had been entered by a court of competent jurisdiction in the amount of such settlement or compromise.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Ilinc Communications Inc), Asset Purchase Agreement (Ilinc Communications Inc)
Settlement or Compromise. No Party party shall settle or compromise any claim, suit, action or proceeding without the prior written consent of the other Partyparty, which shall not be unreasonably withheld or delayed. Any settlement or compromise made or caused to be made by the indemnified Party party or the indemnifying Partyparty, as the case may be, of any such claim, suit, action or proceeding of the kind referred to in Article 10 Section 7.4 with the consent of the other party shall also be binding upon the indemnifying Party party or the indemnified Partyparty, as the case may be, in the same manner as if a final judgment or decree had been entered by a court of competent jurisdiction in the amount of such settlement or compromise.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Premiere Global Services, Inc.), Asset Purchase Agreement (Clearone Communications Inc)
Settlement or Compromise. No Party shall settle or compromise any claim, suit, action or proceeding without the prior written consent of the other Party, which shall not be unreasonably withheld or delayed. Any settlement or compromise made or caused to be made by the indemnified Party or the indemnifying Party, as the case may be, of any such claim, suit, action or proceeding of the kind referred to in Article 10 Sections 4.10 through 4.13 shall also be binding upon the indemnifying Party or the indemnified Party, as the case may be, in the same manner as if a final judgment or decree had been entered by a court of competent jurisdiction in the amount of such settlement or compromise.
Appears in 1 contract
Samples: Asset Purchase Agreement (KeyOn Communications Holdings Inc.)