Defense Declined. If the Indemnifying Party declines to assume defense of any claim, and it is later determined by a court of competent jurisdiction that such claim was eligible for indemnification hereunder within *** following such determination, the Indemnifying Party shall reimburse the Indemnified Party in full for all judgments, costs and expenses (including reasonable attorneys’ fees) incurred in connection with such claim.
Appears in 2 contracts
Samples: Collaboration Agreement (Hyperion Therapeutics Inc), Collaboration Agreement (Medicis Pharmaceutical Corp)
Defense Declined. If the Indemnifying Party declines to assume defense of any claimClaim, and it is later determined by a court of competent jurisdiction that such claim Claim was eligible for indemnification hereunder under Sections 9.1 or 9.2, as applicable, within *** following such determination, the Indemnifying Party shall reimburse the Indemnified Party in full fall for all judgments, costs and expenses (including reasonable attorneys’ fees) incurred in connection with such claimClaim.
Appears in 1 contract
Defense Declined. If the Indemnifying Party declines to assume defense of any claimClaim, and it is later determined by a court of competent jurisdiction that such claim Claim was eligible for indemnification hereunder under Sections 9.1 or 9.2, as applicable, within *** thirty (30) calendar days following such determination, the Indemnifying Party shall reimburse the Indemnified Party in full for all judgments, costs and expenses (including reasonable attorneys’ fees) incurred in connection with such claimClaim.
Appears in 1 contract
Defense Declined. If the Indemnifying Party declines to assume defense of any claimClaim, and it is later determined by a court of competent jurisdiction that such claim Claim was eligible for indemnification hereunder within *** under Sections 8.1 or 8.2, as applicable, with thirty (30) calendar days following such determination, the Indemnifying Party shall reimburse the Indemnified Party in full for all judgments, costs and expenses (including without limitation reasonable attorneys’ ' fees) incurred in connection with such claimClaim.
Appears in 1 contract
Samples: Development, Commercialization and License Agreement (Cima Labs Inc)