Common use of Conduct of Product Liability Claims Clause in Contracts

Conduct of Product Liability Claims. (a) Each of the Parties shall promptly notify the other in the event that any Third Party asserts or files any products liability claim or other Claim relating to alleged defects in the Co-Development Product (whether design defects, Manufacturing defects or defects in sales or marketing) (“Third Party Products Liability Action”) against such Party. In the event of a Third Party Products Liability Action against such a single Party, the unnamed Party shall have the right, in the unnamed Party’s sole discretion, to join or otherwise participate in such legal action with legal counsel selected by the unnamed Party and reasonably acceptable to the named Party. The Party named in such Third Party Products Liability Action shall have the right to control the defense of the action, but shall notify and keep the unnamed Party apprised in writing of such action and shall consider and take into account the unnamed Party’s reasonable interests and requests and suggestions regarding the defense of such action. In the event of a Third Party Products Liability Action against both Parties, the Parties shall mutually agree upon which Party shall control the response to such Third Party Products Liability Action.

Conduct of Product Liability Claims. (a) 11.5.1 Each of the Parties shall promptly notify the other in the event that any Third Party asserts or files any products product liability claim Claim or other Claim Action relating to alleged defects in the Co-Development Licensed Product (whether design defects, Manufacturing manufacturing defects or defects in sales or marketing) (“Third Party Products Product Liability Action”) against such Party. In the event of a Third Party Products Product Liability Action against such a single Party, the unnamed Party shall have the right, in the unnamed Party’s sole discretion, to join or otherwise participate in such legal action with legal counsel selected by the unnamed Party and reasonably acceptable to the named Party. The Party named in such Third Party Products Product Liability Action shall have the right to control the defense of the action, but shall notify and keep the unnamed Party apprised in writing of such action and shall consider and take into account the unnamed Party’s reasonable interests and requests and suggestions regarding the defense of such action. In the event of a Third Party Products Product Liability Action against both Parties, the Parties shall mutually agree upon which Party shall control the response to such Third Party Products Product Liability Action.

Conduct of Product Liability Claims. (a) 11.5.1 Each of the Parties shall promptly notify the other in the event that any Third Party asserts or files any products liability claim or other Claim Action relating to alleged defects in the Co-Development Product (whether design defects, Manufacturing manufacturing defects or defects in sales or marketing) (“Third Party Products Liability Action”) against such Party. In the event of a Third Party Products Liability Action against such a single Party, the unnamed Party shall have the right, in the unnamed Party’s sole discretion, to join or otherwise participate in such legal action with legal counsel selected by the unnamed Party and reasonably acceptable to the named Party. The Party named in such Third Party Products Liability Action shall have the right to control the defense of the action, but shall notify and keep the unnamed Party apprised in writing of such action and shall consider and take into account the unnamed Party’s reasonable interests and requests and suggestions regarding the defense of such action. In the event of a Third Party Products Liability Action against both Parties, the Parties shall mutually agree upon which Party shall control the response to such Third Party Products Liability Action.

Conduct of Product Liability Claims. (a) XI.1.5 Each of the Parties shall promptly notify the other in the event that any Third Party asserts or files any products product liability claim Claim or other Claim Action relating to alleged defects in the Co-Development Collaboration Product (whether design defects, Manufacturing defects or manufacturing defects, defects in sales or marketing, failure to warn or the like) (“Third Party Products Product Liability Action”) against such Party. In the event of a Third Party Products Product Liability Action against such a single Party, the unnamed Party shall have the right, in the unnamed Party’s sole discretion, to join or otherwise participate in such legal action with legal counsel selected by the unnamed Party and reasonably acceptable to the named Party. The Party named in such Third Party Products Product Liability Action shall have the right to control the defense of the actionaction as it pertains to such Party, but shall notify and keep the unnamed Party apprised in writing of such action and shall consider and take into account the unnamed Party’s reasonable interests and requests and suggestions regarding the defense of such action. In the event of a Third Party Products Product Liability Action against both Parties, the Parties shall mutually agree upon which Party Taiho shall control the response to such Third Party Products Product Liability Action.