Indemnity Disputes. In the event that both parties claim indemnification for the same claim, action, suit or proceeding, the provisions of Sections 10.1 and 10.2 shall apply, except that the cost of defense shall be shared equally pending final resolution, at which time the party found to be entitled to indemnification shall also be entitled to reimbursement for any amount paid by it as defense costs, in addition to other amounts recoverable under Sections 10.1 and 10.2, as the case may be.
Appears in 2 contracts
Samples: Co Promotion Agreement (Mgi Pharma Inc), Promotion Agreement (Mgi Pharma Inc)
Indemnity Disputes. In the event that both parties claim indemnification for the same claim, action, suit or proceeding, the provisions of Sections SECTIONS 10.1 and 10.2 shall apply, except that the cost of defense shall be shared equally pending final resolution, at which time the party found to be entitled to indemnification shall also be entitled to reimbursement for any amount paid by it as defense costs, in addition to other amounts recoverable under Sections SECTIONS 10.1 and AND 10.2, as the case may be.
Appears in 2 contracts
Samples: Co Promotion Agreement (Connetics Corp), Promotion Agreement (Connetics Corp)