Common use of Settlement in Certain Circumstances Clause in Contracts

Settlement in Certain Circumstances. The Indemnitor, in consultation with the Indemnitee, shall have the right to negotiate a Settlement in respect of any Judgment which is founded upon any of the acts specified in subsection 1.8. In the event that the Indemnitor, in consultation with the Indemnitee, negotiates such Settlement, the Indemnitee shall pay any compensation or other payment for which provision is made under the Settlement as a result of such acts and shall not seek indemnity or contribution from the Indemnitor in respect of such compensation or payment. The Indemnitee shall pay to the Indemnitor, within 30 days of the Indemnitor making demand therefor, all fees, costs and expenses (including legal fees and disbursements on a full indemnity basis) which result from the defence of the Claim or the Action in respect of which the Settlement was made in connection with any of the acts specified in subsection 1.8, including the cost of any investigation undertaken by the Indemnitor in connection therewith, to the date the Settlement was made.

Appears in 2 contracts

Sources: Indemnification Agreement (CRH Medical Corp), Indemnification Agreement (Response Biomedical Corp)