Liability for Losses. BCM shall not be liable for any losses incurred as the result of an action for infringement brought against LICENSEE as the result of LICENSEE’s exercise of any right granted under this Agreement. The decision to defend or not defend shall be in LICENSEE’s sole discretion.
Appears in 3 contracts
Samples: Exclusive License Agreement (Fate Therapeutics Inc), Exclusive License Agreement (Acer Therapeutics Inc.), Exclusive License Agreement (Opexa Therapeutics, Inc.)
Liability for Losses. BCM shall not be liable for any losses incurred as the result of an action for infringement brought by a third party against LICENSEE as the result of LICENSEE’s exercise of any right granted under this Agreement. The decision to defend or not defend such third-party action for infringement shall be in LICENSEE’s sole discretion.
Appears in 3 contracts
Samples: Exclusive License Agreement (Bellicum Pharmaceuticals, Inc), Exclusive License Agreement, Exclusive License Agreement (Bellicum Pharmaceuticals, Inc)
Liability for Losses. BCM shall not be liable for any losses incurred as the result of an action for infringement brought against LICENSEE or the permitted licensee or sublicensee as the result of LICENSEELICENSEE or the permitted licensee or sublicensee’s exercise of any right granted under this Agreement, except to the extent such losses arise from or result from BCM’s material breach of this Agreement or willful misconduct. The decision to defend or not defend shall be in LICENSEELICENSEE or the permitted licensee or sublicensee’s sole discretion.
Appears in 2 contracts
Samples: Exclusive License Agreement (Allovir, Inc.), Exclusive License Agreement (Allovir, Inc.)
Liability for Losses. Subject to Paragraph 16.1, BCM shall not be liable for any losses incurred as the result of an action for infringement brought against LICENSEE as the result of LICENSEE’s exercise of any right granted under this Agreement. The decision to defend or not defend shall be in LICENSEE’s sole discretion.
Appears in 1 contract
Samples: Exclusive License Agreement (Marker Therapeutics, Inc.)
