Who controls settlement of a third-party claim that affects both parties' reputations?
Last reviewed: .
Who controls settlement of a third-party claim that affects both parties' reputations?
For a third-party claim under the Terms of Use, counsel must be reasonably acceptable to the affected C-POLAR Party, and no settlement is made without that party's written consent.
The Terms of Use state that at the affected C-POLAR Party's written request the other party will defend the claim with counsel reasonably acceptable to that party, and that the C-POLAR Party may participate with its own counsel at its own cost. They state that a claim may not be settled without the affected C-POLAR Party's written consent, that the consent will not be unreasonably withheld, and that no settlement may admit fault by, impose a non-money obligation on, or fail to release a C-POLAR Party without that party's written consent. That section applies only where the Site or Site Content is used for a business or commercial purpose, and it does not reach a claim caused by a C-POLAR Party's own negligence, willful misconduct, breach, or violation of law. Defence and settlement under a licence or supply contract are set in that contract.
Source: C-POLAR — Terms of Use, section 15, https://cpolar.tech/terms/.
Reviewed on .