Indemnification Payment Obligation. No Indemnifying Party will have any obligations under Sections 8.1(a) or 8.1(b) until the cumulative aggregate amount of Damages incurred or suffered by the Indemnified Party (or which likely would be incurred or suffered if the relevant claim were successful) which the Indemnifying Party is otherwise subject to under this Agreement exceeds $100,000, at which time the entire cumulative aggregate amount of such Damages shall be covered. The provisions of this Section 8.3 shall not limit or otherwise affect the obligations of any Indemnifying Party under any other Section of this Agreement.
Appears in 2 contracts
Samples: License Agreement (Versicor Inc /Ca), License Agreement (Versicor Inc /Ca)
Indemnification Payment Obligation. No Indemnifying Party will have any obligations under Sections 8.1(a10.1(a) or 8.1(b10.1(b) until the cumulative aggregate amount of Damages incurred or suffered by the Indemnified Party (or which likely would be incurred or suffered if the relevant claim were successful) which the Indemnifying Party is otherwise subject to under this Agreement exceeds $100,000, 50,000 at which time the entire cumulative aggregate amount of such Damages shall be covered. The provisions of this Section 8.3 10.3 shall not limit or otherwise affect the obligations of any Indemnifying Party under any other Section of this Agreement.
Appears in 2 contracts
Samples: Development, License and Supply Agreement (Cima Labs Inc), Development, License and Supply Agreement (Cima Labs Inc)
Indemnification Payment Obligation. No Indemnifying Party will have any obligations under Sections 8.1(a9.1(a) or 8.1(b9.1(b) until the cumulative aggregate amount of Damages incurred or suffered by the Indemnified Party (or which likely would be incurred or suffered if the relevant claim were successful) which the Indemnifying Party is otherwise subject to under this Agreement exceeds $100,000, 50,000 at which time the entire cumulative aggregate amount of such Damages shall be covered. The provisions of this Section 8.3 9.3 shall not limit or otherwise affect the obligations of any Indemnifying Party under any other Section of this Agreement.
Appears in 2 contracts
Samples: License and Supply Agreement (Nastech Pharmaceutical Co Inc), License and Supply Agreement (Nastech Pharmaceutical Co Inc)
Indemnification Payment Obligation. No Indemnifying Neither Party will have incur any indemnification obligations under Sections 8.1(a) or 8.1(b) this Article until the cumulative aggregate amount of Damages incurred or suffered by the Indemnified Party (or which likely would be incurred or suffered if the relevant claim were successful) for which the Indemnifying Party is otherwise subject to under this Agreement exceeds $100,000, at which time the entire cumulative aggregate amount of such Damages shall will be covered. The provisions of this Section 8.3 shall will not limit or otherwise affect the obligations of any Indemnifying Party under any other Section of this AgreementSection.
Appears in 1 contract
Samples: License Agreement (Adolor Corp)