This excerpt taken from the ATVI 10-Q filed Feb 8, 2006.
Notice and Assistance. The indemnified party shall: (i) provide the indemnifying party reasonably prompt notice in writing of any Claim and permit the indemnifying party to answer and defend such Claim through counsel chosen and paid by the indemnifying party; and (ii) provide information, assistance and authority to help the indemnifyingparty defend such Claim. The indemnified party may participate in the defense of any Claim at its own expense. Theindemnifying party will not be responsible for any settlement made by the indemnified party without the indemnifyingpartys written permission, which will not be unreasonably withheld or delayed. In the event the indemnifying party and the indemnified party agree to settle a Claim, the indemnified party agrees not to publicize the settlement without first obtainingthe indemnifying partys written permission.