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.
Indemnitor may not settle any Claim unless it unconditionally releases Indemnitee of all liability.
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 not settle any Action on any terms or in any manner that adversely affects the rights of a Replicate Indemnitee without such Party's prior written consent, which shall not be unreasonably withheld or delayed.Excerpt from Replicate's Acceptable Use Policy
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The clause states: “Customer shall not settle any Action on any terms or in any manner that adversely affects the rights of a Replicate Indemnitee without such Party's prior written consent, which shall not be unreasonably withheld or delayed.”
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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