Common use of Indemnification Payment Obligation Clause in Contracts

Indemnification Payment Obligation. Notwithstanding anything in this Agreement to the contrary, Lilly and NeoSan will have no obligations under subsections 11.1 (a) and 11.2(a), respectively, of this Agreement and as incorporated by reference in the Manufacturing Agreement to indemnify the other Party (or its Affiliates or its or its Affiliates' directors, officers and employees) until the cumulative aggregate amount of Damages incurred or suffered by such other Party (or its Affiliates or its or its Affiliates' directors, officers and employees) which Lilly or NeoSan, as the case may be, is otherwise subject to under this Agreement and the Manufacturing Agreement exceeds one hundred thousand US Dollars (US$100,000) (the "Deductible Amount"), at which time Lilly or NeoSan will have the obligation under subsections 11.1 (a) and 11.2(a), respectively, of this Agreement and as incorporated by reference in the Manufacturing Agreement to indemnify the other Party (or its Af- filiates or its or its Affiliates' directors, officers and employees) only for Damages in excess of the Deductible Amount.

Indemnification Payment Obligation. Notwithstanding anything in this Agreement to the contrary, Lilly and NeoSan will have no obligations under subsections 11.1 (a11.1(a) and 11.2(a), respectively, of this Agreement and as incorporated by reference in the Manufacturing Agreement to indemnify the other Party (or its Affiliates or its or its Affiliates' directors, officers and employees) until the cumulative aggregate amount of Damages incurred or suffered by such other Party (or its Affiliates or its or its Affiliates' directors, officers and employees) which Lilly or NeoSan, as the case may be, is otherwise subject to under this Agreement and the Manufacturing Agreement exceeds one hundred thousand US Dollars (US$100,000) (the "Deductible Amount"), at which time Lilly or NeoSan will have the obligation under subsections 11.1 (a11.1(a) and 11.2(a), respectively, of this Agreement and as incorporated by reference in the Manufacturing Agreement to indemnify the other Party (or its Af- filiates Affiliates or its or its Affiliates' directors, officers and employees) only for Damages in excess of the Deductible Amount.