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
How other platforms handle this
the indemnifying party shall have no obligation to indemnify or reimburse for any losses, damages, costs, disbursements, expenses, settlement liability of a claim or other sums paid by any Indemnified Party voluntarily, and without the indemnifying party's prior written consent
Atlassian may not settle an Infringement Claim without Customer's prior written consent if settlement would require Customer to admit fault or take or refrain from taking any action...
Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...Smartsheet's compliance with designs, specifications, or instructions provided in writing by Customer if such infringement would not have occurred but for such designs, specificati...
"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 consentExcerpt from Replicate's Terms of Service
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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”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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