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: Line Collaboration and License Agreement (Athersys, Inc / New), Extended Collaboration and License Agreement (Athersys, Inc / New), Line Collaboration and License Agreement (BTHC VI Inc)
