Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary in order to mitigate any Losses (or potential losses or damages) under this Article 13. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 7 contracts
Samples: License and Collaboration Agreement (Zymeworks Inc.), License and Collaboration Agreement (Zymeworks Inc.), License and Collaboration Agreement (Jazz Pharmaceuticals PLC)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 6 contracts
Samples: License and Collaboration Agreement (Five Prime Therapeutics Inc), License and Collaboration Agreement (Five Prime Therapeutics Inc), License and Collaboration Agreement (Five Prime Therapeutics Inc)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 5 contracts
Samples: License and Collaboration Agreement (Molecular Partners Ag), License and Collaboration Agreement (Molecular Partners Ag), Distribution and License Agreement (Gw Pharmaceuticals PLC)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1311. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 5 contracts
Samples: License Agreement (Arcturus Therapeutics Ltd.), License Agreement (Arcturus Therapeutics Ltd.), License Agreement (TEKMIRA PHARMACEUTICALS Corp)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 1312. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 5 contracts
Samples: License and Collaboration Agreement (Graphite Bio, Inc.), License and Collaboration Agreement (Oyster Point Pharma, Inc.), License and Collaboration Agreement (ADC Therapeutics SA)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13Section 14. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 5 contracts
Samples: License Agreement (BridgeBio Pharma LLC), License Agreement (Ideaya Biosciences, Inc.), License Agreement (resTORbio, Inc.)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1316. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 5 contracts
Samples: Research Collaboration and License Agreement (HOOKIPA Pharma Inc.), Research Collaboration and License Agreement (HOOKIPA Pharma Inc.), Research Collaboration and License Agreement (HOOKIPA Pharma Inc.)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 5 contracts
Samples: License and Collaboration Agreement, License and Collaboration Agreement, Development and Co Commercialization Agreement (Arcturus Therapeutics Ltd.)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 1310. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 4 contracts
Samples: License and Collaboration Agreement (Verastem, Inc.), License and Collaboration Agreement (Verastem, Inc.), Research Collaboration and License Agreement (Sangamo Therapeutics, Inc)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates and Sublicensees take all such reasonable steps and action actions as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Third Party Claims (or potential losses or damages) under this Article 1310 (Indemnification; Damages). Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 4 contracts
Samples: License and Collaboration Agreement (Lyra Therapeutics, Inc.), License and Collaboration Agreement (Landos Biopharma, Inc.), License and Collaboration Agreement (LianBio)
Mitigation of Loss. Each Indemnified indemnified Party shall take and shall procure that its Affiliates Affiliates, agents, directors, officers and employees take all such reasonable steps and action as are reasonably necessary or as the indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1312. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 3 contracts
Samples: Collaboration, Development and License Agreement (Zai Lab LTD), Collaboration, Development and License Agreement (TESARO, Inc.), Collaboration, Development and License Agreement (TESARO, Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13Section 10. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 3 contracts
Samples: License Agreement (Marina Biotech, Inc.), License Agreement (MDRNA, Inc.), License Agreement (MDRNA, Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1315. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 3 contracts
Samples: Option, Collaboration and License Agreement (Conatus Pharmaceuticals Inc.), Option Agreement (Quark Pharmaceuticals Inc), Option Agreement (Quark Pharmaceuticals Inc)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Third Party Claims (or potential losses or damages) under this Article ARTICLE 13. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 3 contracts
Samples: License and Collaboration Agreement (Pandion Therapeutics Holdco LLC), License and Collaboration Agreement (Pandion Therapeutics Holdco LLC), License and Collaboration Agreement (Pandion Therapeutics Holdco LLC)
Mitigation of Loss. Each Indemnified Party shall will take and shall procure will ensure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13clause 11. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 3 contracts
Samples: Licence and Development Agreement, Licence and Development Agreement (Orchard Rx LTD), Licence and Development Agreement (Orchard Rx LTD)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 139. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 3 contracts
Samples: License Agreement (Ultragenyx Pharmaceutical Inc.), License Agreement (Ultragenyx Pharmaceutical Inc.), License Agreement (Ultragenyx Pharmaceutical Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13Section 18. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 3 contracts
Samples: Collaboration and License Agreement (Enanta Pharmaceuticals Inc), Collaboration and License Agreement (Enanta Pharmaceuticals Inc), Collaboration and License Agreement (Enanta Pharmaceuticals Inc)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1314. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 3 contracts
Samples: License and Collaboration Agreement (Signal Genetics, Inc.), License and Collaboration Agreement (Signal Genetics, Inc.), License and Collaboration Agreement (Cytokinetics Inc)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 13ARTICLE 8. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 3 contracts
Samples: Collaboration Agreement (PharmaCyte Biotech, Inc.), Collaboration Agreement (Femasys Inc), Collaboration Agreement (Synaptogenix, Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are reasonably necessary in order actions to mitigate any Losses Claims (or potential losses or damages) under this Article 1313 (Indemnification; Liability). Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 3 contracts
Samples: License Agreement (Angion Biomedica Corp.), Development and Commercialization Agreement (MEI Pharma, Inc.), License, Development and Commercialization Agreement (MEI Pharma, Inc.)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 139. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 3 contracts
Samples: License Agreement (Mereo Biopharma Group PLC), License Agreement (Dermavant Sciences LTD), License Agreement (Dermavant Sciences LTD)
Mitigation of Loss. Each Indemnified indemnified Party shall take and shall procure that its Affiliates and indemnitees take all such reasonable steps and action as are reasonably necessary or as the indemnifying Party may reasonably require in order to mitigate any Losses (claims or potential losses or damages) damages under this Article 137. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 3 contracts
Samples: License Agreement (RayzeBio, Inc.), License Agreement (RayzeBio, Inc.), License Agreement (RayzeBio, Inc.)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1310. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License and Services Agreement (Jaguar Health, Inc.), License Agreement (Chinook Therapeutics, Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13Section 6. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: Agreement (Aveo Pharmaceuticals Inc), Agreement (Aveo Pharmaceuticals Inc)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action actions as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Third Party Claims (or potential losses or damages) under this Article 13ARTICLE XI. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License Agreement (Coherus BioSciences, Inc.), License Agreement (Surface Oncology, Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damagesDamages) under this Article 1317. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Pliant Therapeutics, Inc.), Collaboration and License Agreement (Pliant Therapeutics, Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall procure that will cause its Affiliates to take all such reasonable steps and action as are reasonably necessary necessary, or as the Indemnifying Party may reasonably require, in order to mitigate any Losses Claims (or potential losses or damages) under this Article 139. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: Exclusive License Agreement (Five Prime Therapeutics Inc), Exclusive License Agreement (Five Prime Therapeutics Inc)
Mitigation of Loss. Each Indemnified Party shall take take, and shall procure that its Affiliates take take, all such reasonable steps and action actions as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13ARTICLE XI (Indemnification). Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License and Collaboration Agreement (Axovant Sciences Ltd.), License and Collaboration Agreement (Benitec Biopharma LTD/ADR)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such commercially reasonable steps and action as are reasonably necessary required by Applicable Law in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13. V. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses Losses incurred by it.
Appears in 2 contracts
Samples: Asset Purchase Agreement (Cerulean Pharma Inc.), Asset Purchase Agreement (Newlink Genetics Corp)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1316. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License and Collaboration Agreement (Cytokinetics Inc), License and Collaboration Agreement (Cytokinetics Inc)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License Agreement (Dermavant Sciences LTD), License Agreement (Dermavant Sciences LTD)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Third Party Claims (or potential losses or damages) under this Article 1314. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.. 105 Confidential Execution Version
Appears in 2 contracts
Samples: License and Collaboration Agreement (MyoKardia Inc), License and Collaboration Agreement (MyoKardia Inc)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1313 (Indemnification; Liability). Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License Agreement (Dermavant Sciences LTD), License Agreement (Dermavant Sciences LTD)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Third Party Claims (or potential losses or damages) under this Article 13XIV. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: , Development and Commercialization Agreement (Revolution Medicines, Inc.), , Development and Commercialization Agreement (Revolution Medicines, Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall procure will ensure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License Agreement (Allarity Therapeutics, Inc.), License Agreement (Allarity Therapeutics, Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damagesLosses) under this Article 13Section 14. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses Losses incurred by it.
Appears in 2 contracts
Samples: License Agreement (Vera Therapeutics, Inc.), License Agreement (Vera Therapeutics, Inc.)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1311. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License and Services Agreement (Jaguar Health, Inc.), License and Collaboration Agreement (Xenon Pharmaceuticals Inc.)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 1314. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Sangamo Therapeutics, Inc), Collaboration and License Agreement (Sangamo Therapeutics, Inc)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damagesLosses) under this Article 1310. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License Agreement (Aptose Biosciences Inc.), License Agreement (Aptose Biosciences Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1314. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License Agreement, License Agreement (Pharming Group N.V.)
Mitigation of Loss. Each Indemnified indemnified Party shall take and shall procure that its Affiliates Affiliates, agents, directors, officers and employees take all such reasonable steps and action as are reasonably necessary or as the indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1310. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License Agreement, License Agreement (Capstone Therapeutics Corp.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1315 (Indemnification; Liability). Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: Development Agreement (BioNTech SE), Development Agreement (BioNTech SE)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action actions as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13ARTICLE 13 (Indemnification; Liability). Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License and Collaboration Agreement (VistaGen Therapeutics, Inc.), License and Collaboration Agreement (VistaGen Therapeutics, Inc.)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that itself and its Affiliates and subcontractors take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 1311. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License and Collaboration Agreement (DiaMedica Therapeutics Inc.), License and Collaboration Agreement (DiaMedica Therapeutics Inc.)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action actions as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 1310. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License Agreement (BridgeBio Pharma, Inc.), License Agreement (Eidos Therapeutics, Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action actions as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 138. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License Agreement (XOMA Corp), License Agreement (XOMA Corp)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13Section 15. Nothing in this 264813180 v3 License Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 2 contracts
Samples: License Agreement (Molecular Partners Ag), License Agreement (Molecular Partners Ag)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.12 (
Appears in 2 contracts
Samples: License Agreement (Jaguar Health, Inc.), License Agreement (Jaguar Health, Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall procure will ensure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13Clause 11. Nothing in this License Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1311. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates indemnitees take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13ARTICLE XIII. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Collaboration and License Agreement (Kite Pharma, Inc.)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action actions as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Actions (or potential losses or damages) under this Article 1311. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 138. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall will take and shall procure will ensure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1311. Nothing in this License Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action actions as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 13ARTICLE 10. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Technology Transfer and Exclusive License Agreement (Arbutus Biopharma Corp)
Mitigation of Loss. Each Indemnified Party shall will take and shall procure that will cause its Affiliates to take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13Section 10. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1312. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: License and Collaboration Agreement (Five Prime Therapeutics Inc)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses (arising out of or potential losses or damages) in connection with any Claims under this Article 1312. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: License and Collaboration Agreement (Newlink Genetics Corp)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action actions as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13ARTICLE VIII. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: License Agreement (XOMA Corp)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 13Article 10. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: License and Collaboration Agreement (Verastem, Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13Section 24. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Commercial Supply Agreement (Revance Therapeutics, Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates and its or their Sublicensees take all such reasonable steps and action actions as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Third Party Claims (or potential losses or damages) under this Article 13ARTICLE XII. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Option and License Agreement (Sutro Biopharma, Inc.)
Mitigation of Loss. Each Indemnified Party shall take and shall procure ensure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 1312. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses (arising out of or potential losses or damagesin connection with any Claims) under this Article 13ARTICLE 14. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.. 81 CONFIDENTIALEXECUTION COPY
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13VII. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action actions as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 13XII. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Collaboration Agreement
Mitigation of Loss. Each Indemnified indemnified Party shall will take and shall will procure that its Affiliates Affiliates, agents, directors, officers and employees take all such reasonable steps and action as are reasonably necessary or as the indemnifying Party may reasonably require in order to mitigate any Losses Third Party Claims (or potential losses or damages) under this Article 13ARTICLE 11. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13ARTICLE 14 (Indemnification; Liability). Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Amended and Restated License Agreement (Spero Therapeutics, Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action actions as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Third Party Claims (or potential losses or damages) under this Article 13ARTICLE XV. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 1315. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Collaboration and License Agreement (Sangamo Therapeutics, Inc)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1316. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it..
Appears in 1 contract
Samples: Research Collaboration and License Agreement (HOOKIPA Pharma Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action actions as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Third Party Claims (or potential losses or damages) under this Article 138. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall will take and shall procure will ensure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13clause 15. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Licence and Supply Agreement (CARGO Therapeutics, Inc.)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are reasonably necessary in order to mitigate any Losses Claims (or potential losses or damages) under this Article 137. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall will take and shall procure will ensure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 138 (Indemnification; Liability). Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Intellectual Property Purchase Agreement (Phibro Animal Health Corp)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 136. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13ARTICLE 13 (Indemnification; Liability). Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 1312 (Indemnification, Liability, Insurance). Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Research License and Option Agreement (Codiak BioSciences, Inc.)
Mitigation of Loss. Each Indemnified indemnified Party shall take and shall procure that its Affiliates Affiliates, agents, directors, officers and employees take all such reasonable steps and action as are reasonably necessary or as the indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1311. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Exclusive License Agreement (Seelos Therapeutics, Inc.)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 1315. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: License and Collaboration Agreement (Cytokinetics Inc)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates the ADCT Indemnitees or Sobi Indemnitees, as applicable, take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 13ARTICLE 14 (Indemnification). Nothing in this Agreement shall or shall be deemed to relieve any either Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13VIII. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Research Collaboration Agreement (Cerulean Pharma Inc.)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action actions as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13ARTICLE 10 (Indemnification). Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) subject to indemnification under this Article 1311. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damagesLosses) under this Article 138. Nothing in this Agreement the Transaction Agreements shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Intrexon Corp)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates take all such reasonable steps and action actions as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Third Party Claims (or potential losses or damages) under this Article 13. ARTICLE X. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses Claims (or potential losses or damages) under this Article 13ARTICLE 10 (Indemnification). Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 1314. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.. 14.5
Appears in 1 contract
Samples: Collaboration and License Agreement (Sangamo Therapeutics, Inc)
Mitigation of Loss. Each Indemnified Party shall will take and shall will procure that its Affiliates and its and their sublicensees take all such reasonable steps and action actions as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses Third Party Claims (or potential losses or damages) under this Article 13. ARTICLE X. Nothing in this Agreement shall will or shall will be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates any applicable Affiliate will take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses (or potential losses or damages) Claims under this Article 13Clause. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: License Agreement (Nexmed Inc)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 13. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Option and License Agreement (Sana Biotechnology, Inc.)
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses (arising out of or potential losses or damagesin connection with any Claims) under this Article 13ARTICLE 14. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates will take all such reasonable steps and action as are necessary or as the Indemnifying Party may reasonably necessary require in order to mitigate any Losses (or potential losses or damages) Claims under this Article 13Section. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: Agreement (Cell Therapeutics Inc)
Mitigation of Loss. Each Indemnified Party shall take and shall procure ensure that its Affiliates take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any Losses claims (or potential losses or damages) under this Article 13XII. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified indemnified Party shall will take and shall will procure that its Affiliates and Indemnitees take all such reasonable steps and action as are reasonably necessary or as the indemnifying Party may reasonably require in order to mitigate any Losses (or potential losses or damages) under this Article 13arising as a result of any Third Party Claims. Nothing in this Agreement shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses Losses incurred by it.
Appears in 1 contract
Mitigation of Loss. Each Indemnified Party shall take and shall procure that its Affiliates indemnitees take all such reasonable steps and action as are reasonably necessary or as the Indemnifying Party may reasonably require in order to mitigate any the Third Party Claims and Losses (or potential losses or damages) under this Article 1311. Nothing in this Agreement or the Exclusive Trademark License shall or shall be deemed to relieve any Party of any common law or other duty to mitigate any losses incurred by it.
Appears in 1 contract
Samples: License, Collaboration and Supply Agreement (Capstar Special Purpose Acquisition Corp.)
