Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article IX, the Controlling Party shall pay all costs and expenses associated with such Third Party Action other than the expenses of the other Party if the other Party elects to join such Third Party Action (as provided in the last sentence of Section 6.6(c)).
Appears in 5 contracts
Samples: License Agreement (Tg Therapeutics, Inc.), License Agreement (Checkpoint Therapeutics, Inc.), License Agreement (Checkpoint Therapeutics, Inc.)
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article IX8, the Controlling Party shall pay all costs and expenses associated with such Third Party Action other than the expenses of the other Party if the other Party elects to join such Third Party Action (as provided in the last sentence of Section 6.6(c))Action.
Appears in 3 contracts
Samples: License Agreement (XOMA Corp), License Agreement (ObsEva SA), License Agreement (ObsEva SA)
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article IXX, the Controlling Party shall pay all costs and expenses associated with such Third Party Action other than the expenses of the other Party if the other Party elects to join such Third Party Action (as provided in the last sentence of Section 6.6(c7.6(c)).
Appears in 2 contracts
Samples: License Agreement (Apricus Biosciences, Inc.), License Agreement (Apricus Biosciences, Inc.)
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article IX10 of this Agreement, the Controlling Party shall pay all costs and expenses associated with such a 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 (as provided in defended by the last sentence of Section 6.6(c))other Party, at its own expense.
Appears in 2 contracts
Samples: Technology Transfer Agreement, Technology Transfer Agreement (Marinus Pharmaceuticals Inc)
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article IXXII, the Controlling Party shall pay all costs and expenses associated [***] with such Third Party Action other than the expenses of the other Party [***] if the other Party elects to join such Third Party Action (as provided in the last sentence of Section 6.6(cthis 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 and Development Agreement (CASI Pharmaceuticals, Inc.)
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article IX12, the Controlling Party shall pay all costs and expenses associated [***] with such Third Party Action other than the expenses of the other Party [***] if the other Party elects to join such Third Party Action (as provided in the last sentence of Section 6.6(cthis 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 and Development Agreement (CASI Pharmaceuticals, Inc.)
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article IX13, the Controlling Party shall pay all costs and expenses associated with such Third Party Action other than the expenses of the other Party if the other Party elects to join such Third Party Action (as provided or is required to join such Third Party Action in order to establish standing. Each Party shall have the last sentence of Section 6.6(c))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 IXARTICLE 8 and the last sentence of Section 5.5(c) and this Section 5.5(e), the Controlling Party shall pay all costs and expenses associated with such Third Third-Party Action other than the expenses of the other Party if the other Party elects to join such Third Third-Party Action. Each Party shall have the right to join a Third-Party Action (as provided in defended by the last sentence of Section 6.6(c))other Party, at its own expense.
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Costs of an Action. Subject to the respective indemnity indemnification obligations of the Parties set forth in Article IX, 8 the Controlling Party shall pay all costs and expenses associated with such 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 (as provided in defended by the last sentence of Section 6.6(c))other Party, at its own expense.
Appears in 1 contract
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article IX9, the Controlling Party shall pay all costs and expenses associated with such Third Party Action other than the expenses of the other Party if the other Party elects to join such Third 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: Research License and Option Agreement (Ligand Pharmaceuticals Inc)
Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article IXARTICLE 13, the Controlling Party shall pay all costs and expenses associated with such Third Party Action other than the expenses of the other Party if the other Party elects Parties elect to join such Third Party Action (as provided or are required to join such Third Party Action in order to establish standing. Each Party shall have the last sentence of Section 6.6(c))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 parties set forth in Article IX8, the Controlling Party shall will pay all costs and expenses associated with such Third Party 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 will have the right to join a Third Party Action (as provided in defended by the last sentence of Section 6.6(c))other party, at its own cost and expense.
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