X.X. Claim Coordination. To receive the benefit of the other party’s obligations in this Section “Handling Claims from Others”, a party must:
- promptly notify the other party of the Claim, though delayed notice only reduces the other party’s obligations to the extent the delay meaningfully impairs their ability to respond or resolve the Claim;
- if the other party is responsible for defending the Claim, allow that party to control the Claim’s investigation, defense, and settlement, but only if the notifying party retains the right to hire its own non-controlling counsel at its own expense, and to approve in advance any settlement that would require it to admit fault or a violation of law;
- if the other party is responsible for defending the Claim, provide reasonable assistance, upon request, in connection with the Claim’s investigation, defense, and settlement.
- {"name":"coordination rights for the party not controlling the defense","addText":"The party not controlling the defense will have the rights to do a, b and c"}