Maximum Indemnity. Masimo's obligation for damages under Section 8.1 shall not exceed the sum of (i) the total of all amounts paid under this Agreement by Datascope to Masimo. Notwithstanding Section 8.1, Masimo shall not have the right to settle claims in a way that would obligate Datascope to pay damages, unless consented to by Datascope. At any point during the defense of any claim against Datascope, Masimo shall have the option of paying to Datascope its maximum indemnity obligation under the first sentence of this Section and will then have no further obligation to defend the claim.
Appears in 2 contracts
Sources: Purchasing and Licensing Agreement (Masimo Corp), Purchasing and Licensing Agreement (Masimo Corp)