This analysis describes what Stability AI'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 Chegg Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Chegg Parties.
WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF SUCH DISPUTES, AND IN ANY EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you...and in that case, you agree to cooperate with our defense of those claims.
"WE MAY ENGAGE SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION, AND YOU AGREE TO COOPERATE WITH US UPON REASONABLE REQUEST.Excerpt from Stability AI's Terms of Service
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The clause states: “WE MAY ENGAGE SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION, AND YOU AGREE TO COOPERATE WITH US UPON REASONABLE REQUEST.”
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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