This analysis describes what Amplitude's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
How other platforms handle this
We reserve the right, at our election, to assume the exclusive defense and control of any matter subject to indemnification by you, including, but not limited to, selection of outside counsel.
the exclusive right to control and direct the investigation, defense and settlement of the Infringement Claim
Google reserves the right, at its own expense, to enforce this Section 8 on behalf of all Google Affiliates and assume the exclusive defense and control of any matter subject to indemnification by You.
"Amplitude shall have the right to participate in or assume the exclusive defense and control of any Claim with counsel selected by Amplitude at Amplitude's own expense; in such case, Customer agrees to cooperate in the defense of the Claim.Excerpt from Amplitude's Terms of Service
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The clause states: “Amplitude shall have the right to participate in or assume the exclusive defense and control of any Claim with counsel selected by Amplitude at Amplitude's own expense; in such case, Customer agrees to cooperate in the defense of the Claim.”
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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