EXCLUSION FROM LIABILITY LIMITATION. THE LIMITATIONS AND DISCLAIMER SET FORTH IN SECTION 12.1 WILL NOT APPLY TO A CLAIM: (A) FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (B) FOR A BREACH OF ARTICLE IX; OR (C) FOR INDEMNIFIABLE LOSSES PURSUANT TO SECTION 11.1 OR 11.2.
Appears in 2 contracts
Samples: License Agreement (Coherus BioSciences, Inc.), License Agreement (Surface Oncology, Inc.)
EXCLUSION FROM LIABILITY LIMITATION. THE LIMITATIONS AND DISCLAIMER SET FORTH IN SECTION 12.1 Section 13.1 WILL NOT APPLY TO A CLAIM: (A) FOR FRAUD, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (B) FOR A BREACH OF ARTICLE IXX; (C) FOR A BREACH OF Section 3.9; OR (CD) FOR INDEMNIFIABLE LOSSES PURSUANT TO SECTION 11.1 Section 12.1 OR 11.2Section 12.2, AS APPLICABLE.
Appears in 1 contract
Samples: Option and License Agreement (Sutro Biopharma, Inc.)
EXCLUSION FROM LIABILITY LIMITATION. THE LIMITATIONS AND DISCLAIMER SET FORTH IN SECTION 12.1 Section 11.1 WILL NOT APPLY TO A CLAIM: (A) FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (B) FOR A BREACH OF ARTICLE IXVIII; OR (C) FOR INDEMNIFIABLE LOSSES PURSUANT TO SECTION 11.1 Section 10.1 OR 11.2Section 10.2, AS APPLICABLE.
Appears in 1 contract
EXCLUSION FROM LIABILITY LIMITATION. THE LIMITATIONS AND DISCLAIMER SET FORTH IN SECTION 12.1 11.1 WILL NOT APPLY TO A CLAIM: (A) FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (B) FOR A BREACH OF ARTICLE IX8; OR (C) FOR INDEMNIFIABLE LOSSES PURSUANT TO SECTION 11.1 10.1 OR 11.210.2.
Appears in 1 contract
EXCLUSION FROM LIABILITY LIMITATION. THE LIMITATIONS AND DISCLAIMER SET FORTH IN SECTION 12.1 Section 11.1 WILL NOT APPLY TO A CLAIM: CLAIM (A) FOR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT; (B) FOR A BREACH OF ARTICLE IXVIII; OR (C) FOR INDEMNIFIABLE LOSSES PURSUANT TO SECTION 11.1 Section 10.1 OR 11.2Section 10.2.
Appears in 1 contract
