Defense by Merck. Notwithstanding Section 1.3(b), Merck, in its sole discretion, upon written notice to Medco, may elect to defend (or may at any time assume the defense of) and, subject to Section 1.3(f), may settle or compromise, any Third Party Claim or series of related Third Party Claims, regardless of whether Merck is obligated to indemnify any member of the Medco Group in respect of such Third Party Claim or series of related Third Party Claims or whether Merck acknowledges any obligation to indemnify any Medco Indemnitee if:
Appears in 4 contracts
Samples: Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc), Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc), Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc)
