Common use of Asserted Liability Clause in Contracts

Asserted Liability. Notwithstanding the foregoing, neither the Indemnifying Party nor the Indemnitee may settle or compromise any claim over the objection of the other, provided, however, that consent to settlement or compromise shall not be unreasonably withheld. In any event, the Indemnitee and the Indemnifying Party may participate (but not control), at their own expense, in the defense of such Asserted Liability. If the Indemnifying Party chooses to defend the claim, the Indemnitee shall make available to the Indemnifying Party any books, records or other documents within its control that are necessary or appropriate for such defense.

Asserted Liability. Notwithstanding the foregoing, neither the Indemnifying Party nor the Indemnitee may settle or compromise any claim Asserted Liability over the objection of the other, ; provided, however, that consent to settlement or compromise shall not be unreasonably withheld. In any event, the Indemnitee and the Indemnifying Party may participate (but not control)participate, at their own expense, in the defense of such Asserted Liability. If the Indemnifying Party chooses to defend the claimany Asserted Liability, the Indemnitee shall make available to the Indemnifying Party any books, records or other documents within its such party's control that are necessary or appropriate for such defense.