Settlement Limitations. Except as set forth below or as expressly permitted in this subsection (g), no Third Party Claim may be settled or compromised (i) by the indemnified party without the prior written consent of the indemnifying party or (ii) by the indemnifying party without the prior written consent of the indemnified party, in each case which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, the indemnifying party shall have the right to consent to the entry of a judgment or enter into a settlement with respect to any Third Party Claim without the prior written consent of the indemnified party if the judgment or settlement (i) involves only the payment of money damages (all of which will be paid in full by the indemnifying party concurrently with the effectiveness thereof) and (ii) includes, as a condition to any settlement or other resolution, a complete and irrevocable release of the indemnified party from all liability in respect of such Third Party Claim.
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Sources: Asset Purchase Agreement (Jacksonville Bancorp Inc /Fl/)
Settlement Limitations. Except as set forth below or as expressly permitted in this subsection Notwithstanding anything to the contrary contained herein (gother than the second proviso of Section 9.3(a)), in no event shall (i) the Indemnified Party consent to the entry of judgment or enter into any settlement with respect to a Third Party Claim may be settled or compromised (i) by the indemnified party for which it is seeking indemnification without the prior written consent of the indemnifying party or (ii) by the indemnifying party without the prior written consent of the indemnified partyIndemnifying Party, in each case which consent shall not be unreasonably withheld, conditioned or delayed. Notwithstanding delayed or (ii) the foregoing, the indemnifying party shall have the right to Indemnifying Party consent to the entry of a judgment or enter into a any settlement with respect to any a Third Party Claim without the prior written consent of the indemnified party Indemnified Party, which shall not be unreasonably withheld, conditioned or delayed; provided that the consent of the Indemnified Party shall not be required if the Indemnifying Party agrees in writing to pay any amounts payable pursuant to such judgment or settlement (i) involves only the payment of money damages (all of which will be paid in full by the indemnifying party concurrently with the effectiveness thereof) and (ii) includes, as a condition to any such judgment or settlement or other resolution, includes a complete and irrevocable release of the indemnified party Indemnified Party from all further liability in respect of such Third Party Claimand has no other adverse effect on the Indemnified Party.
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