Limitation on Indemnity Obligations. A Party, its Affiliates and their respective directors, officers, employees and agents shall not be entitled to the indemnities set forth in Sections 10.1 to the extent the Loss for which indemnification is sought was caused by the negligence, or by the reckless or intentional misconduct or omission, of such Party or its directors, officers, employees or agents.
Appears in 6 contracts
Samples: Collaboration Agreement (pSivida Corp.), Collaboration Agreement (Alimera Sciences Inc), Collaboration Agreement (Alimera Sciences Inc)
Limitation on Indemnity Obligations. A PartyNeither party, its Affiliates and or their respective directors, officers, employees and agents shall not be entitled to the indemnities set forth in Sections 10.1 or 10.2, respectively, to the comparative extent the Loss claim, loss, damage or expense for which indemnification is sought was caused by the negligence, or by the willful misconduct, reckless or intentional misconduct act or omissionomission or material breach of this Agreement by such party, of such Party or its directors, officers, employees or authorized agents.
Appears in 3 contracts
Samples: Collaboration and License Agreement (Lexicon Pharmaceuticals, Inc.), Collaboration and License Agreement (Lexicon Genetics Inc/Tx), Collaboration and License Agreement (Lexicon Genetics Inc/Tx)
Limitation on Indemnity Obligations. A PartyPARTY, its Affiliates AFFILIATES and their respective directors, officers, employees and agents shall not be entitled to the indemnities set forth in Sections 10.1 ARTICLE 12 to the extent the Loss for which indemnification is sought was caused by the negligence, or by the reckless or intentional misconduct or omission, of such Party PARTY or its directors, officers, employees or agents.
Appears in 2 contracts
Samples: License Agreement (Innovive Pharmaceuticals, Inc.), License Agreement (Innovive Pharmaceuticals, Inc.)
Limitation on Indemnity Obligations. A Party, Neither Party nor its Affiliates and their respective directors, officersAffiliates, employees and or agents shall not be entitled to the indemnities set forth in Sections 10.1 to Section 9.1 or Section 9.2 where the extent the Loss claim, loss, damage or expense for which indemnification is sought was caused by the negligence, a grossly negligent or intentional act or omission by the reckless or intentional misconduct or omissionother Party, of such Party or its Affiliates, directors, officers, employees or authorized agents.
Appears in 2 contracts
Samples: Technology License Agreement (Genaissance Pharmaceuticals Inc), Technology License Agreement (Genaissance Pharmaceuticals Inc)
Limitation on Indemnity Obligations. A PartyNeither party, its Affiliates and or their respective directors, officers, employees and agents shall not be entitled to the indemnities set forth in Sections 10.1 11.1 or 11.2, respectively, to the comparative extent the Loss claim, loss, damage or expense for which indemnification is sought was caused by the negligencea grossly negligent, or by the reckless or intentional misconduct act or omissionomission by such party, of such Party or its directors, officers, employees or authorized agents.
Appears in 2 contracts
Samples: And Collaboration Agreement (Lexicon Genetics Inc/Tx), And Collaboration Agreement (Lexicon Genetics Inc/Tx)
Limitation on Indemnity Obligations. A PartyNone of the Parties, its their Affiliates and or their respective directors, officers, employees and agents shall not be entitled to the indemnities set forth in Sections 10.1 12.1 or 12.2 respectively, to the comparative extent the Loss claim, loss, damage or expense for which indemnification is sought was caused by the negligence, or by the willful misconduct, reckless or intentional misconduct act or omissionomission or material breach of this Agreement by such Party, of such Party or its directors, officers, employees or authorized agents.
Appears in 2 contracts
Samples: License, Development and Commercialization Agreement (Echo Therapeutics, Inc.), License, Development and Commercialization Agreement (Echo Therapeutics, Inc.)
Limitation on Indemnity Obligations. A PartyNeither party, its Affiliates and or their respective directors, officers, employees and agents shall not be entitled to the indemnities set forth in Sections 10.1 15.1 or 15.2, respectively, to the comparative extent the Loss claim, loss, damage or expense for which indemnification is sought was caused by the negligencea grossly negligent, or by the reckless or intentional misconduct act or omissionomission by such party, of such Party or its directors, officers, employees or authorized agents.
Appears in 1 contract
Samples: Collaboration and License Agreement (Lexicon Genetics Inc/Tx)
Limitation on Indemnity Obligations. A Party, its Affiliates and their respective directors, officers, employees and agents shall not be entitled to the indemnities set forth in Sections 10.1 Section 9.1 to the extent the Loss for which indemnification is sought was caused by the negligence, or by the reckless or intentional misconduct or omission, of such Party or its directors, officers, employees or agents.
Appears in 1 contract
Limitation on Indemnity Obligations. A Neither Party, its Affiliates and or their respective directors, officers, employees and agents shall not be entitled to the indemnities set forth in Sections 10.1 12.1 or 12.2, respectively, to the comparative extent the Loss claim, loss, damage or expense for which indemnification is sought was caused by the negligencea negligent, or by the reckless or intentional misconduct act or omissionomission by such Party, of such Party or its directors, officers, employees or authorized agents.
Appears in 1 contract
Limitation on Indemnity Obligations. A PartyNeither party, its Affiliates and or their respective directors, officers, employees and agents shall not be entitled to the indemnities set forth in Sections 10.1 14.1 or 14.2, respectively, to the comparative extent the Loss claim, loss, damage or expense for which indemnification is sought was caused by the negligencea grossly negligent, or by the reckless or intentional misconduct act or omissionomission by such party, of such Party or its directors, officers, employees or authorized agents.
Appears in 1 contract
Samples: Collaboration and License Agreement (Lexicon Pharmaceuticals, Inc./De)
Limitation on Indemnity Obligations. A PartyNeither party, its Affiliates and or their respective directors, officers, employees and agents shall not be entitled to the indemnities set forth in Sections 10.1 9.1 or 9.2, respectively, to the comparative extent the Loss claim, loss, damage or expense for which indemnification is sought was caused by the negligencea grossly negligent, or by the reckless or intentional misconduct act or omissionomission by such party, of such Party or its directors, officers, employees or authorized agents.
Appears in 1 contract
Samples: Collaboration and License Agreement (Lexicon Genetics Inc/Tx)
Limitation on Indemnity Obligations. A Neither Party, its Affiliates and or their respective directors, officers, employees and agents shall not be entitled to the indemnities set forth in Sections 10.1 12.1 or 12.2 respectively, to the comparative extent the Loss claim, loss, damage or expense for which indemnification is sought was caused by the negligencea grossly negligent, or by the reckless or intentional misconduct act or omissionomission by such Party, of such Party or its directors, officers, employees or authorized agents.
Appears in 1 contract