This analysis describes what Replicate'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 Released Parties reserve the right to assume the exclusive defense of any claims or lawsuits, and you agree not to settle any of the foregoing without the applicable Released Parties' prior written consent.
Your obligations in Section 6.2 (Indemnification by Customer) of this Agreement will apply to the extent permitted by applicable law, regulation, or procedure.
Customer shall have no liability under (a) to the extent a Claim Against Us arises from Synthesia Content or under (b) to the extent a Claim Against Us arises from our breach of the Contract.
"Customer shall promptly assume control of the defense of applicable Actions, and shall employ counsel of its choice to handle and defend the same, at Customer's sole cost and expense.Excerpt from Replicate's Acceptable Use Policy
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The clause states: “Customer shall promptly assume control of the defense of applicable Actions, and shall employ counsel of its choice to handle and defend the same, at Customer's sole cost and expense.”
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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