Cost-Sharing and Cap. The Seller shall indemnify the Purchaser Indemnitees for [***] of any Losses under Section 8.3.1(e) up to an aggregate of $5,000,000, subject to reduction pursuant to Section 8.6.4 below. For the avoidance of doubt, the Purchaser Indemnitees shall only be entitled to recover for any Losses arising out of the Designated Action under Section 8.3.1(e).
Appears in 2 contracts
Samples: Asset Purchase Agreement (Pernix Therapeutics Holdings, Inc.), Asset Purchase Agreement (Zogenix, Inc.)
Cost-Sharing and Cap. The Seller shall indemnify the Purchaser Indemnitees for [***] fifty percent (50%) of any Losses under Section 8.3.1(e) up to an aggregate of $5,000,000, subject to reduction pursuant to Section 8.6.4 below. For the avoidance of doubt, the Purchaser Indemnitees shall only be entitled to recover for any Losses arising out of the Designated Action under Section 8.3.1(e).
Appears in 2 contracts
Samples: Asset Purchase Agreement (Pernix Therapeutics Holdings, Inc.), Asset Purchase Agreement (Zogenix, Inc.)
