Common use of Contribution Procedure Clause in Contracts

Contribution Procedure. Within fifteen days after receipt by any party to this Agreement (or its representative) of notice of the commencement of any action, suit or proceeding, such party will, if a claim for contribution in respect thereof is to be made against another party ("contributing party"), notify the contributing party of the commencement thereof, but the omission to so notify the contributing party will not relieve it from any liability which it may have to any other party other than for contribution hereunder. In case any such action, suit or proceeding is brought against any party, and such party notifies a contributing party or its representative of the commencement thereof within the aforesaid fifteen days, the contributing party will be entitled to participate therein with the notifying party and any other contributing party similarly notified. Any such contributing party shall not be liable to any party seeking contribution on account of any settlement of any claim, action or proceeding effected by such party seeking contribution on account of any settlement of any claim, action or proceeding effected by such party seeking contribution without the written consent of such contributing party. The contribution provisions contained in this Section are intended to supersede, to the extent permitted by law, any right to contribution under the Act, the Exchange Act or otherwise available. The Underwriters' obligations to contribute pursuant to this Section 5.3 are several and not joint. 6.1 DEFAULT NOT EXCEEDING 10% OF FIRM UNITS OR OPTION UNITS. If any Underwriter or Underwriters shall default in its or their obligations to purchase the Firm Units or the Option Units, if the over-allotment option is exercised, hereunder, and if the number of the Firm Units or Option Units with respect to which such default relates does not exceed in the aggregate 10% of the number of Firm Units or Option Units that all Underwriters have agreed to purchase hereunder, then such Firm Units or Option Units to which the default relates shall be purchased by the non-defaulting Underwriters in proportion to their respective commitments hereunder.

Contribution Procedure. Within fifteen days after receipt by any party to this Agreement (or its representative) of notice of the commencement of any action, suit or proceeding, such party will, if a claim for contribution in respect thereof is to be made against another party ("contributing party"), notify the contributing party of the commencement thereof, but the omission to so notify the contributing party will not relieve it from any liability which it may have to any other party other than for contribution hereunder. In case any such action, suit or proceeding is brought against any party, and such party notifies a contributing party or its representative of the commencement thereof within the aforesaid fifteen days, the contributing party will be entitled to participate therein with the notifying party and any other contributing party similarly notified. Any such contributing party shall not be liable to any party seeking contribution on account of any settlement of any claim, action or proceeding effected by such party seeking contribution on account of any settlement of any claim, action or proceeding effected by such party seeking contribution without the written consent of such contributing party. The contribution provisions contained in this Section are intended to supersede, to the extent permitted by law, any right to contribution under the Act, the Exchange Act or otherwise available. The Underwriters' obligations to contribute pursuant to this Section 5.3 are several and not joint. 6 DEFAULT BY AN UNDERWRITER. 6.1 DEFAULT NOT EXCEEDING 10% OF FIRM UNITS OR OPTION UNITS. If any Underwriter or Underwriters shall default in its or their obligations to purchase the Firm Units or the Option Units, if the over-allotment option is exercised, hereunder, and if the number of the Firm Units or Option Units with respect to which such default relates does not exceed in the aggregate 10% of the number of Firm Units or Option Units that all Underwriters have agreed to purchase hereunder, then such Firm Units or Option Units to which the default relates shall be purchased by the non-defaulting Underwriters in proportion to their respective commitments hereunder.

Contribution Procedure. Within fifteen (15) days after receipt by any party to this Agreement (or its representative) of notice of the commencement of any action, suit or proceeding, such party will, if a claim for contribution in respect thereof is to be made against another party ("“contributing party"”), notify the contributing party of the commencement thereof, but the omission failure to so notify the contributing party will not relieve it from any liability which it may have to any other party other than for contribution hereunder. In case any such action, suit or proceeding is brought against any party, and such party notifies a contributing party or its representative of the commencement thereof within the aforesaid fifteen 15 days, the contributing party will be entitled to participate therein with the notifying party and any other contributing party similarly notified. Any such contributing party shall not be liable to any party seeking contribution on account of any settlement of any claim, action or proceeding effected affected by such party seeking contribution on account of any settlement of any claim, action or proceeding effected affected by such party seeking contribution without the written consent of such contributing party. The contribution provisions contained in this Section 5.3.2 are intended to supersede, to the extent permitted by law, any right to contribution under the Securities Act, the Exchange Act or otherwise available. The Underwriters' Each Underwriter’s obligations to contribute pursuant to this Section 5.3 are several and not joint. 6.1 DEFAULT NOT EXCEEDING . Default Not Exceeding 10% OF FIRM UNITS OR OPTION UNITSof Securities or Option Securities. If any Underwriter or Underwriters shall default in its or their obligations to purchase the Firm Units Securities or the Option Units, if the over-allotment option is exercised, hereunderSecurities, and if the number of the Firm Units Securities or the Option Units Securities with respect to which such default relates does not exceed in the aggregate 10% of the number of Firm Units Securities or the Option Units Securities that all Underwriters have agreed to purchase hereunder, then such Firm Units Securities or the Option Units Securities to which the default relates shall be purchased by the non-defaulting Underwriters in proportion to their respective commitments hereunder.

Contribution Procedure. Within fifteen days after receipt by any party to this Agreement (or its representative) of notice of the commencement In a circumstance where responsibility for Losses arising out of any action, suit or proceeding, such party will, if a claim for contribution in respect thereof Third Party Claim is to be made against another party ("contributing party")apportioned between Genzyme and BioMarin pursuant to Sections 11.1, 11.2, and 11.3, a Party that intends to seek partial indemnification or contribution from the other Party for any such Losses must notify the contributing party of the commencement thereof, but the omission other Party as promptly as practical. The failure to so notify the contributing party deliver such notice within a reasonable time will not relieve it from a Party of any liability obligations for indemnification or contribution hereunder with respect to such Losses, except to the extent that such failure materially prejudiced the Indemnitor’s ability to defend such Third Party Claim. If the Parties agree that one Party will have responsibility for more than fifty percent (50%) of the Losses arising out of a Third Party Claim, such Party shall have the right to assume the defense of the Third Party Claim with counsel of its choice, subject to the consent of the non-Indemnifying Party, which it may consent will not be unreasonably withheld, delayed or conditioned; provided, however, the Party not defending the Third Party Claim shall have the right to any other party other than for contribution hereunderretain its own counsel to participate in the defense of the Third Party Claim at its own expense. In case any the absence of such actionagreement, suit each Party seeking indemnification or proceeding is brought against any partycontribution may defend the Third Party Claim with counsel of its choosing at its own expense, and such party notifies a contributing party or its representative of each Party’s counsel fees and costs related to the commencement thereof within the aforesaid fifteen days, the contributing party Third Party Claim will be entitled excluded from the Losses to participate therein be apportioned in accordance with Section 11.1, 11.2, and 11.3. No Party shall be required to contribute to or indemnify the notifying party and other Party for any other contributing party similarly notified. Any such contributing party Losses arising out of a Third Party Claim if the claim is settled without its written consent, which consent shall not be liable to any party seeking contribution on account unreasonably withheld, delayed or conditioned. Each Party, its employees and agents, shall cooperate fully with the other Party and its legal representatives in the investigation of any settlement of any claim, action or proceeding effected Third Party Claim covered by such party seeking contribution on account of any settlement of any claim, action or proceeding effected by such party seeking contribution without the written consent of such contributing partythis Section 11.4.2. The contribution provisions contained Parties shall negotiate in this Section are intended good faith to supersede, to the extent permitted by law, any right to contribution under the Act, the Exchange Act or otherwise available. The Underwriters' obligations to contribute pursuant to this Section 5.3 are several and not joint. 6.1 DEFAULT NOT EXCEEDING 10% OF FIRM UNITS OR OPTION UNITS. If any Underwriter or Underwriters shall default in its or their obligations to purchase the Firm Units or the Option Units, if the over-allotment option is exercised, hereunder, and if the number of the Firm Units or Option Units enter into a joint defense agreement with respect to which such default relates does not exceed in the aggregate 10% defense of the number of Firm Units or Option Units that all Underwriters have agreed to purchase hereunder, then such Firm Units or Option Units to which the default relates shall be purchased any Third Party Claim covered by the non-defaulting Underwriters in proportion to their respective commitments hereunderthis Section 11.4.2.