This analysis describes what OpenAI'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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Any indemnified party must tender sole control of the indemnified portion of the Third-Party Legal Proceeding to the indemnifying party, subject to the following...
you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.
We reserve the right to assume the exclusive defense and control of such disputes, and in any event, you agree to cooperate with us in asserting any available defenses.
"allow the indemnifying party sole control of defense and settlement of the claim including selection of counsel, provided that the party seeking indemnity is entitled to participate in its own defense at its...Excerpt from OpenAI's Business Terms
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The clause states: “allow the indemnifying party sole control of defense and settlement of the claim including selection of counsel, provided that the party seeking indemnity is entitled to participate in its own defense at its...”
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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