Common use of Costs of an Action Clause in Contracts

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement, the Controlling Party shall pay all costs associated with a Third Party Action, other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 2 contracts

Samples: Technology Transfer Agreement, Technology Transfer Agreement (Marinus Pharmaceuticals Inc)

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Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement10, below, the Controlling Defending Party shall pay all costs associated with a Third Party Action, other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 2 contracts

Samples: Technology Transfer Agreement (Regado Biosciences Inc), Technology Transfer Agreement (Regado Biosciences Inc)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 ARTICLE 8 and the last sentence of Section ‎5.5(c) and this AgreementSection ‎5.5(e), the Controlling Party shall pay all costs associated with a Third such Third-Party Action, Action other than the expenses of the other Party if the other Party elects to join such Third-Party Action. Each Party shall have the right to join a Third Third-Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Samples: License Agreement (Helix Acquisition Corp)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement9, the Controlling Party shall pay all costs associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a an Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Samples: License Agreement (Lpath, Inc)

Costs of an Action. Subject to the respective indemnity obligations of of’ the Parties set forth in Article 10 of this AgreementARTICLE 9, the Controlling Party shall pay all costs associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such ActionThird Party Action (as provided in the last sentence of this paragraph). Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Samples: License Agreement (Checkmate Pharmaceuticals, Inc.)

Costs of an Action. Subject to the respective indemnity indemnification obligations of the Parties set forth in Article 10 of this Agreement, 8 the Controlling Party shall pay all costs associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Samples: License Agreement (Chanticleer Holdings, Inc.)

Costs of an Action. Subject to the respective indemnity obligations of the Parties parties set forth in Article 10 of this Agreement8, the Controlling Party shall will pay all costs and expenses associated with a such Third Party Action, Action other than the costs and expenses of the other Party party if the other Party party elects to join such Third Party Action. Each Party shall party will have the right to join a Third Party Action defended by the other Partyparty, at its own cost and expense.

Appears in 1 contract

Samples: License and Development Agreement (Exicure, Inc.)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement11, the Controlling Party shall pay all costs associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such ActionThird Party Action (as provided in the last sentence of this paragraph). Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Samples: Exclusive License Agreement (Sutro Biopharma, Inc.)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this AgreementARTICLE 9, the Controlling Party shall pay all costs associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Samples: License Agreement (PDS Biotechnology Corp)

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Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement13, the Controlling Party shall pay all costs and expenses associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such ActionThird Party Action or is required to join such Third Party Action in order to establish standing. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Samples: Distribution and Marketing Agreement (Theratechnologies Inc.)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement9, the Controlling Party shall pay all costs associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such ActionThird Party Action (as provided in the last sentence of Section 6.6(c)). [***]. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Samples: License Agreement (Ligand Pharmaceuticals Inc)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement10, below, the Controlling Party shall pay all costs associated with a Third Party Action, other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Samples: Technology Transfer Agreement (Neothetics, Inc.)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this AgreementARTICLE 13, the Controlling Party shall pay all costs and expenses associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects Parties elect to join such ActionThird Party Action or are required to join such Third Party Action in order to establish standing. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own cost and expense.

Appears in 1 contract

Samples: Distribution and Licensing Agreement (Theratechnologies Inc.)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement9, the Controlling Party shall pay all costs associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Samples: License Agreement (Vera Therapeutics, Inc.)

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