Common use of Contribution, Indemnification, Non-Party Settlement and Claim-Over Clause in Contracts

Contribution, Indemnification, Non-Party Settlement and Claim-Over. (a) Statement of Intent. The Parties agree that they have entered into this Agreement in good faith based upon numerous factors, including the Costco Released Entities’ role in the pharmacy market, and that payment made under this Agreement shall be the sole payment made by the Costco Released Entities to the Settling Subdivisions involving, arising out of, or related to the Covered Conduct, the Products, the Actions, or allegations encompassed by the complaints in the Actions. It is the further intent of the Parties that the Costco Released Entities should not seek contribution or indemnification (other than pursuant to any insurance contract) from other parties for their payment obligation under this Agreement; that Claims by the Settling Subdivisions against Non-Released Parties should not result in additional payments by any of the Costco Released Entities, whether through contribution, indemnification, or any other means; and that this Agreement meets the requirements of applicable law or doctrine that reduces or discharges a released party’s liability to any other parties.

Contribution, Indemnification, Non-Party Settlement and Claim-Over. (a) Statement of Intent. The Parties agree that they have entered into this Agreement in good faith based upon numerous factors, including the Costco Target Released Entities’ role in the pharmacy market, and that payment made under this Agreement shall be the sole payment made by the Costco Target Released Entities to the Settling Subdivisions involving, arising out of, or related to the Covered Conduct, the Products, the Actions, or allegations encompassed by the complaints in the Actions. It is the further intent of the Parties that the Costco Target Released Entities should not seek contribution or indemnification (other than pursuant to any insurance contract) from other parties for their payment obligation under this Agreement; that Claims by the Settling Subdivisions against Non-Released Parties should not result in additional payments by any of the Costco Target Released Entities, whether through contribution, indemnification, or any other means; and that this Agreement meets the requirements of applicable law or doctrine that reduces or discharges a released party’s liability to any other parties.