This analysis describes what Marqeta'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
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The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...
the Indemnifying Party being given full and complete control over the defense and settlement of the Claim
the Indemnified Party allows the indemnifying party to assume full control of the defense of the claim, including retaining counsel of its own choosing.
"The Indemnified Party will tender control of the defense and settlement of any such third-party Claim to the Indemnifying Party at the Indemnifying Party's expense and with the Indemnifying Party's choice of counsel.Excerpt from Marqeta's Terms of Use
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The clause states: “The Indemnified Party will tender control of the defense and settlement of any such third-party Claim to the Indemnifying Party at the Indemnifying Party's expense and with the Indemnifying Party's choice of counsel.”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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