Negligence, etc. No Athersys Indemnitee or BMS Indemnitee (each, an “Indemnitee”) shall be entitled to the indemnification under Section 10.1 or 10.2, as the case may be, to the comparative extent the Liability for which indemnification is sought was caused by a grossly negligent, reckless or intentional act or omission by the Party with which such Indemnitee is affiliated or any of such Party’s Affiliates or sublicensees or any of their respective directors, officers, employees or authorized agents.
Appears in 5 contracts
Samples: Extended Collaboration and License Agreement (Athersys, Inc / New), Research Collaboration and License Agreement (BTHC VI Inc), Cell Line Collaboration and License Agreement (BTHC VI Inc)
