This analysis describes what Workday'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
giving the defending party the right to fully control the defense and settlement of the Claim provided, however, that any settlement unconditionally releases Customer Parties or Smartsheet Parties subject to the Claim of all liability...
the exclusive right to control and direct the investigation, defense and settlement of the Infringement Claim
The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...
"You also agree that the Workday Parties will have control of the defense or settlement, at Workday's sole option, of any Claims.Excerpt from Workday's Terms of Use
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The clause states: “You also agree that the Workday Parties will have control of the defense or settlement, at Workday's sole option, of any Claims.”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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