Allocation. In the event a claim is based partially on an indemnified claim and partially on a non-indemnified claim or based partially on a claim indemnified by one Party and partially on a claim indemnified by the other Party, any payments in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 12 contracts
Samples: License Agreement (MEI Pharma, Inc.), Option for a License Agreement, License Agreement (Infinity Pharmaceuticals, Inc.)
Allocation. In the event a claim is based partially on an indemnified claim and partially on a non-indemnified claim or based partially on a claim indemnified by one Party and partially on a claim indemnified by the other Party, any payments in connection with such claims are to shall be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 7 contracts
Samples: Termination and Revised Relationship Agreement (MEI Pharma, Inc.), Termination and Revised Relationship Agreement (MEI Pharma, Inc.), Strategic Alliance Agreement
Allocation. In the event If a claim is based partially on an indemnified claim and partially on a non-indemnified claim or based partially on a claim indemnified by one Party and partially on a claim indemnified by the other Party, any payments in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 6 contracts
Samples: Platform Agreement, It 101 Agreement, It 101 Agreement (Cerulean Pharma Inc.)
Allocation. In the event If a claim is based partially in part on an indemnified claim claim, as described in Sections 9.1 and partially 9.2, and in part on a non-indemnified claim claim, or is based partially in part on a claim indemnified by one Party described in Section 9.1 and partially in part on a claim indemnified by the other Partydescribed in Section 9.2, any payments and reasonable attorney fees incurred in connection with such claims are to will be apportioned between the Parties in accordance with the degree of cause fault attributable to each Party.
Appears in 5 contracts
Samples: Collaboration and License Agreement (Nuvation Bio Inc.), Exclusive License Agreement (Nuvation Bio Inc.), License Agreement (Nuvation Bio Inc.)
Allocation. In the event a claim is based partially on an indemnified claim under this Agreement or the Investor Rights Agreement and partially on a non-indemnified claim or based partially on a claim indemnified by one Party under this Agreement or the Investor Rights Agreement and partially on a claim indemnified by another Party(ies) under this Agreement or the other PartyInvestor Rights Agreement, any payments in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 4 contracts
Samples: License and Collaboration Agreement (Regulus Therapeutics Inc.), License and Collaboration Agreement (Regulus Therapeutics Inc.), License and Collaboration Agreement (Alnylam Pharmaceuticals, Inc.)
Allocation. In the event a claim is based partially on an indemnified claim described in this Section 10 and partially on a non-indemnified claim claim, or is based partially on a claim indemnified by one Party described in Section 10.1 and partially on a claim indemnified by the other Partydescribed in Section 10.2, any payments and reasonable attorney fees incurred in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 2 contracts
Samples: Development and Commercialization Agreement (Bioverativ Inc.), Development and Commercialization Agreement (Bioverativ Inc.)
Allocation. In the event a claim is based partially on an indemnified claim and partially on a non-indemnified claim or based partially on a claim indemnified by one Party and partially on a claim indemnified by the other Party, any payments in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.,
Appears in 2 contracts
Samples: License Agreement (Allena Pharmaceuticals, Inc.), License Agreement (Allena Pharmaceuticals, Inc.)
Allocation. In the event a claim is based partially on an indemnified claim under this Agreement or the LLC Agreement and partially on a non-indemnified claim or based partially on a claim indemnified by one Party under this Agreement or the LLC Agreement and partially on a claim indemnified by another Party(ies) under this Agreement or the other PartyLLC Agreement, any payments in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 2 contracts
Samples: License and Collaboration Agreement (Alnylam Pharmaceuticals, Inc.), License and Collaboration Agreement (Isis Pharmaceuticals Inc)
Allocation. In the event a claim is based partially on an indemnified claim described in Sections 8.1, 8.2 or 8.3 and partially on a non-indemnified claim claim, or is based partially on a claim indemnified by one Party described in Section 8.1 or 8.3 and partially on a claim indemnified by the other Partydescribed in Section 8.2 or 8.3, any payments in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 1 contract
Samples: License and Supply Agreement (Collagenex Pharmaceuticals Inc)
Allocation. In the event If a claim is based partially in part on an indemnified claim claim, as described in Section 12.1 or Section 12.2, and partially in part on a non-indemnified claim claim, or is based partially in part on a claim indemnified by one Party described in Section 12.1 and partially in part on a claim indemnified by the other Partydescribed in Section 12.2, any payments and reasonable attorney fees incurred in connection with such claims are to will be apportioned between the Parties in accordance with the degree of cause fault attributable to each Party.
Appears in 1 contract
Samples: License and Commercialization Agreement (Nuvation Bio Inc.)
Allocation. In the event a claim is based partially on an indemnified claim described in Sections 9.1 and 9.2 and partially on a non-indemnified claim claim, or is based partially on a claim indemnified by one Party described in Section 9.1 and partially on a claim indemnified by the other Partydescribed in Section 9.2, any payments and reasonable attorney fees incurred in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 1 contract
Samples: License Agreement (Genta Inc De/)
Allocation. In the event a claim is based partially on an indemnified claim described in this Article 10 and partially on a non-indemnified claim claim, or is based partially on a claim indemnified by one Party described in Section 10.1 and partially on a claim indemnified by the other Partydescribed in Section 10.2, any payments and reasonable attorney fees incurred in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 1 contract
Samples: Development and Commercialization Agreement (Chelsea Therapeutics International, Ltd.)
Allocation. In the event a claim is based partially on an indemnified claim described in Sections 9.1 and 9.2 and partially on a non-indemnified claim claim, or is based partially on a claim indemnified by one Party described in Section 9.1 and partially on a claim indemnified by the other Partydescribed in Section 9.2, any payments and reasonable attorney fees incurred in connection with such claims are to be apportioned between the Parties or between the indemnifying Party and an Indemnitee, as the case may be, in accordance with the degree of cause attributable to each PartyParty and/or person.
Appears in 1 contract
