Common use of Right to Settle Clause in Contracts

Right to Settle. Subject to the provisions of this Article IV, (i) RareGen shall Settle any Claim or Claims or all or any portion of the Litigation with one or more Defendants at such times and upon such terms as Holdings may direct, in Holdings’ sole but reasonable discretion; provided, however, that RareGen shall not be required to enter into any such Settlement if the terms thereof would lead to liability or the creation of a financial or other obligation or restriction on the part of RareGen, Liquidia Corporation or Liquidia Technologies, Inc. (other than a covenant not to ▇▇▇ or other similar obligation customarily included in a settlement agreement and related to the subject matter of the Litigation), and (ii) RareGen shall not Settle any Claim or Claims or all or any portion of the Litigation without the prior written consent of Holdings. In connection with any such Settlement, RareGen will sign such releases and waivers as may be customary in a settlement of claims.