Common use of Defense of Action Clause in Contracts

Defense of Action. In case any action that is subject to indemnification under this Article 4 shall be brought against an Indemnitee and it has given written notice to the Indemnifying Party of the commencement thereof, the Indemnifying Party shall be entitled to participate and, if it so desires, to assume the defense with counsel reasonably satisfactory to such Indemnitee. After notice from the Indemnifying Party to the Indemnitee of its election to assume the defense, the Indemnifying Party shall not be liable to such Indemnitee under this Article 4 for any fees of other counsel or any other expenses, in each case subsequently incurred by such Indemnitee in connection with the defense.

Appears in 3 contracts

Samples: Royalty Agreement (Leap Therapeutics, Inc.), Royalty Agreement (Leap Therapeutics, Inc.), Royalty Agreement (Macrocure Ltd.)

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Defense of Action. In case any action that is subject to indemnification under this Article 4 9 shall be brought against an Indemnitee and it has given written notice to the Indemnifying Party of the commencement thereof, the Indemnifying Party shall be entitled to participate and, if it so desires, to assume the defense with counsel reasonably satisfactory to such Indemnitee. After notice from the Indemnifying Party to the Indemnitee of its election to assume the defense, the Indemnifying Party shall not be liable to such Indemnitee under this Article 4 9 for any fees of other counsel or any other expenses, in each case subsequently incurred by such Indemnitee in connection with the defense.

Appears in 2 contracts

Samples: License Agreement (Leap Therapeutics, Inc.), License Agreement (Leap Therapeutics, Inc.)

Defense of Action. In case any action that is subject to indemnification under this Article 4 8 shall be brought against an Indemnitee and it has given shall give written notice to the Indemnifying Party of the commencement thereof, the Indemnifying Party shall be entitled to participate and, if it so desires, to assume the defense with counsel reasonably satisfactory to such Indemnitee. After notice from the Indemnifying Party to the Indemnitee of its election to assume the defense, the Indemnifying Party shall not be liable to such Indemnitee under this Article 4 8 for any fees of other counsel or any other expenses, in each case subsequently incurred by such Indemnitee in connection with the defense.

Appears in 2 contracts

Samples: License Agreement (Mirum Pharmaceuticals, Inc.), License Agreement (Lumena Pharmaceuticals, Inc.)

Defense of Action. In case any action that is subject to indemnification under this Article 4 8 shall be brought against an Indemnitee and it has given shall give written notice to the Indemnifying Party of the commencement thereof, the Indemnifying Party shall be entitled to participate and, if it so desires, to assume the defense with counsel reasonably satisfactory to such Indemnitee. After notice from the Indemnifying Party to the Indemnitee of its election to assume the defense, the Indemnifying Party shall not be liable to such Indemnitee under this Article 4 9 for any fees of other counsel or any other expenses, in each case subsequently incurred by such Indemnitee in connection with the defense.

Appears in 2 contracts

Samples: Exclusive License Agreement (Furiex Pharmaceuticals, Inc.), Exclusive License Agreement (Furiex Pharmaceuticals, Inc.)

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Defense of Action. In case any action that is subject to indemnification under this Article 4 9 shall be brought against an Indemnitee and it has given shall give written notice to the Indemnifying Party of the commencement thereof, the Indemnifying Party shall be entitled to participate and, if it so desires, to assume the defense with counsel reasonably satisfactory to such Indemnitee. After notice from the Indemnifying Party to the Indemnitee of its election to assume the defense, the Indemnifying Party shall not be liable to such Indemnitee under this Article 4 9 for any fees of other counsel or any other expenses, in each case subsequently incurred by such Indemnitee in connection with the defense.

Appears in 1 contract

Samples: Development and License Agreement (TorreyPines Therapeutics, Inc.)

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