Settlement or Compromise. (a) Any settlement or compromise made or caused to be made by the Indemnified Person or the Indemnifying Person, as the case may be, of any claim, suit, action or proceeding shall also be binding upon the Indemnifying Person or the Indemnified Person, 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; provided, however, that no obligation, restriction or Loss shall be imposed on the Indemnified Person as a result of such settlement without its prior written consent.
Appears in 6 contracts
Samples: Asset Purchase Agreement (EnterConnect Inc), Asset Purchase Agreement (EnterConnect Inc), Asset Purchase Agreement (EnterConnect Inc)
Settlement or Compromise. (a) Any settlement or compromise made or caused to be made by the Indemnified Person or the Indemnifying Person, as the case may be, of any claim, suit, action such claim or proceeding Proceeding of the kind referred to in Section 8.5 shall also be binding upon the Indemnifying Person or the Indemnified Person, 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; provided, however, that no obligation, restriction or Loss shall be imposed on the Indemnified Person as a result of such settlement without its prior written consent.
Appears in 2 contracts
Samples: Pre Purchase Agreement (National Fuel Gas Co), Purchase Agreement (National Fuel Gas Co)
Settlement or Compromise. (a) Any settlement or compromise made or caused to be made by the Indemnified Person or the Indemnifying Person, as the case may be, of any claim, suit, action or proceeding shall also be binding upon the Indemnifying Person or the Indemnified Person, 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; provided, however, that no obligation, restriction restriction, or Loss shall be imposed on the Indemnified Person as a result of such settlement without its prior written consent.
Appears in 2 contracts
Samples: Stock Purchase Agreement (Joshua Tree Construction Inc), Stock Purchase Agreement (Thomson & Kernaghan Co LTD)
Settlement or Compromise. (a) Any settlement or compromise made or caused to be made by the Indemnified Person or the Indemnifying Person, as the case may be, of any claim, suit, action or proceeding Loss shall also be binding upon the Indemnifying Person or the Indemnified Person, 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; provided, however, that no obligation, restriction or obligation arising out of such Loss shall be imposed on the Indemnified Person or the Indemnifying Person as a result of such settlement without its the prior written consentconsent of such Person, which consent shall not be unreasonably withheld.
Appears in 1 contract
Samples: Marketing and License Agreement (Imperial Petroleum Recovery Corp)
Settlement or Compromise. (a) Any settlement or compromise made or caused to be made by the Indemnified Person or the Indemnifying Person, as the case may be, of any claim, suit, action or proceeding Loss shall also be binding upon the Indemnifying Person or the Indemnified Person, 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; provided, however, that no obligation, restriction or obligation arising out of such Loss shall be imposed on the Indemnified Person or the Indemnifying Person as a result of such settlement without its the prior written consent.consent of such Person, which consent shall not be unreasonably withheld. 11.5
Appears in 1 contract
Samples: Marketing and License Agreement