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
How other platforms handle this
the indemnified party giving the indemnifying party prompt written notice of the claim;
A party's obligations to defend a Claim Against Customer or a Claim Against Smartsheet...are conditioned on the other party: (a) providing timely written notice of the Claim to the defending party
xAI shall have received from Customer: (a) prompt written notice of such claim; (b) the exclusive right to control and direct the investigation, defense, or settlement...
"Failure to provide prompt notice of any third-party Claim will not relieve the Indemnifying Party of its indemnification obligations, except to the extent such failure materially prejudices the Indemnifying Party in defending the third-party Claim.Excerpt from Marqeta's Terms of Use
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The clause states: “Failure to provide prompt notice of any third-party Claim will not relieve the Indemnifying Party of its indemnification obligations, except to the extent such failure materially prejudices the Indemnifying Party in defending the third-party Claim.”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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