Common use of Settlement with a Third Party Clause in Contracts

Settlement with a Third Party. The Party that controls the prosecution of a given action shall also have the right to control settlement of such action, provided however, that no settlement shall be entered into without the written consent of the non-controlling Party if such settlement involves any payment or admission of liability by such non-controlling Party.

Settlement with a Third Party. The Party that controls the prosecution of a given action shall also have the right to control settlement of such action; PROVIDED, provided howeverHOWEVER, that if one Party controls, no settlement shall be entered into without the written consent of the non-controlling other Party (which consent shall not be unreasonably withheld) if such settlement involves any payment or admission would materially and adversely affect the interests of liability by such non-controlling other Party.

Settlement with a Third Party. The Party entity that controls the prosecution defense of a given action claim with respect to a Licensed Product shall also have the right to control settlement of such actionclaim; provided, provided however, that no settlement shall be entered into without the prior written consent of the non-controlling Party if such settlement involves other Party. If there is no agreement between the Parties as to any payment or admission of liability by such non-controlling Partyproposed settlement, then the dispute shall be resolved pursuant to Article 13.

Settlement with a Third Party. The Party that controls the prosecution of a given action shall also have the right to control settlement of such action, provided however, that if one Party controls, no settlement shall be entered into without the written consent of the non-controlling other Party (which consent shall not be unreasonably withheld or delayed) if such settlement involves any payment or admission would materially and adversely affect the interests of liability by such non-controlling other Party.

Settlement with a Third Party. The Party that controls the ----------------------------- prosecution of a given action shall also have the right to control settlement of such action; provided, provided however, that if one Party controls, no settlement shall -------- ------- be entered into without the written consent of the non-controlling other Party if such settlement involves any payment or admission would materially and adversely affect the interests of liability by such non-controlling other Party. If the other Party shall refuse to grant such consent, then the dispute will be resolved pursuant to Article XVI.

Settlement with a Third Party. The Party that controls the prosecution ----------------------------- of a given action shall also have the right to control settlement of such action, provided however, that if one Party controls, no settlement shall be entered into without the written consent of the non-controlling other Party (which consent shall not be unreasonably withheld) if such settlement involves any payment or admission would materially and adversely affect the interests of liability by such non-controlling the other Party.

Settlement with a Third Party. The Party that controls the prosecution of a given action shall also have the right to control settlement of such action, provided however, that no settlement shall be entered into without the written consent of the non-controlling Party if such settlement involves any payment or admission of liability by such non-controlling Party. * Portions of this exhibit, indicated by the xxxx “[ ]*,” were omitted and have been filed separately with the Securities and Exchange Commission pursuant to an application requesting confidential treatment.

Settlement with a Third Party. The Party that controls the prosecution of a given action shall also have the right to control settlement of such action; provided, provided however, that if one Party controls such action, no settlement shall be entered into without the written consent of the non-controlling other Party if such settlement involves any payment or admission would materially and adversely affect the interests of liability by such non-controlling other Party. If the other Party shall refuse to grant such consent, then the dispute will be resolved pursuant to Article XV.

Settlement with a Third Party. The Party that controls the prosecution of a given is pursuing any ----------------------------- action hereunder shall also have the exclusive right to control settlement of a such action; provided, provided however, that no settlement shall be entered into without the written consent of the non-controlling other Party if such settlement involves any payment or admission would materially and adversely affect the interests of liability by such non-controlling Partythe other Party hereunder.

Settlement with a Third Party. The Party that controls the prosecution of a given action shall also have the right to control settlement of such action, provided however, that if one Party controls, no settlement shall be entered into without the written consent of the non-controlling other Party (which consent shall not be unreasonably withheld) if such settlement involves any payment or admission would materially and adversely affect the interests of liability by such non-controlling the other Party.

Settlement with a Third Party. The Party that controls the prosecution of a given action claim with respect to a Licensed Product shall also have the right to control settlement of such actionclaim; provided, provided however, that if one Party controls, no settlement shall be entered into without the written consent of the non-controlling other Party if such settlement involves any payment or admission would materially and adversely affect the interests of liability by such non-controlling other Party. If there is no agreement between the Parties, then the dispute will be resolved pursuant to Article 11.

Settlement with a Third Party. The Party that controls the prosecution of a given action claim with respect to a Licensed Product shall also have the right to control settlement of such actionclaim; provided, provided however, that if one Party controls, no settlement shall be entered into without the written consent of the non-controlling other Party if such settlement involves any payment or admission would materially and adversely affect the interests of liability by such non-controlling other Party. If there is no agreement between the Parties, then the dispute will be resolved pursuant to Article 18.

Settlement with a Third Party. The Party that controls the prosecution ----------------------------- of a given action shall also have the right to control settlement of such action; provided, provided however, that if one Party controls, no settlement shall be -------- ------- entered into without the written consent of the non-controlling other Party if such settlement involves any payment or admission would materially and adversely affect the interests of liability by such non-controlling other Party. If the other Party shall refuse to grant such consent, then the dispute will be resolved pursuant to Article XVI.

Settlement with a Third Party. The Party that controls the prosecution of a given action shall also have the right to control settlement of such action; provided, provided however, that if one Party controls, no settlement shall be entered into without the written consent of the non-controlling Party other party (which consent shall not be unreasonably withheld) if such settlement involves would materially and adversely affect the interests of such other Party. Any amounts received in settlement of any payment or admission of liability by such non-controlling Partyaction shall be [***].

Settlement with a Third Party. The Party that controls the prosecution of a given action shall also have the right to control settlement of such action, provided however, that no settlement shall be entered into the Party controlling the action may not settle the action or otherwise consent to an adverse judgment in such action that diminishes the rights or interests of the non-controlling Party without the written consent of the non-controlling Party if such settlement involves any payment or admission of liability by such non-controlling Party, which consent shall not be unreasonably withheld.

Settlement with a Third Party. The Party that controls the prosecution of a given an Infringement action shall also have the right to control settlement of such action; provided that, provided however, that no settlement shall be entered into without the prior written consent of the non-controlling other Party if the settlement would subject the other Party to ongoing liability. Any amounts received in settlement of any action shall be apportioned between the Parties in the same manner as any damages would have been apportioned in such settlement involves any payment or admission of liability by such non-controlling Partyaction pursuant to Section 5(a)(iv).

Settlement with a Third Party. The Party that controls the ----------------------------- prosecution of a given action shall also have the right to control settlement of such action; provided, provided however, that if one Party controls, no settlement shall -------- ------- be entered into without the written consent of the non-controlling other Party (which consent shall not be unreasonably withheld) if such settlement involves any payment or admission would materially and adversely affect the interests of liability by such non-controlling other Party.

Settlement with a Third Party. The Party that controls the prosecution of a given action shall also have the right to control settlement of such action; provided, provided however, that if one Party controls such action, no settlement shall be entered into without the written consent of the non-controlling other Party if such settlement involves any payment or admission would materially and adversely affect the interests of liability by such non-controlling other Party. If the other Party shall refuse to grant such consent, then the dispute will be resolved pursuant to Article XIV.