Participation by Non-Defending Party. In the event that a party (a “Defending Party”) elects or is required to defend a particular Third Party Claim pursuant to Section 1.3(b), 1.3(c) or 1.3(d), the other party (the “Non-Defending Party”) shall have the right to participate in the defense of such Third Party Claim; provided, however, that (i) the Defending Party shall control, manage and direct the defense of such Third Party Claim; and (ii) the costs and expenses of participating in such defense by the Non-Defending Party shall be the sole responsibility of the Non-Defending Party. Nothing in this Section 1.3(e) shall affect the rights of BioPharma under Section 1.3(c) at any time to assume the defense of any Third Party Claim and to be indemnified for costs and expenses of such defense in accordance with Section 1.3(c).
Appears in 3 contracts
Samples: Indemnification and Insurance Matters Agreement, Indemnification and Insurance Matters Agreement (iBioPharma, Inc.), Form of Indemnification and Insurance Matters Agreement (InB:Biotechnologies, Inc.)
Participation by Non-Defending Party. In the event that a party (a “"Defending Party”") elects or is required to defend a particular Third Party Claim pursuant to Section 1.3(b), 1.3(c) or 1.3(d), the other party (the “"Non-Defending Party”") shall have the right to participate in the defense of such Third Party Claim; provided, however, that (i) the Defending Party shall control, manage and direct the defense of such Third Party Claim; and (ii) the costs and expenses of participating in such defense by the Non-Defending Party shall be the sole responsibility of the Non-Defending Party. Nothing in this Section 1.3(e) shall affect the rights of BioPharma Merck under Section 1.3(c) at any time to assume the defense of any Third Party Claim and to be indemnified for costs and expenses of such defense in accordance with Section 1.3(c).
Appears in 3 contracts
Samples: Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc), Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc), Indemnification and Insurance Matters Agreement (Medco Health Solutions Inc)
Participation by Non-Defending Party. In the event that a party (a “"Defending Party”") elects or is required to defend a particular Third Party Claim pursuant to Section Sections 1.3(b), 1.3(c) or 1.3(d), the other party (the “"Non-Defending Party”") shall have the right to participate in the defense of such Third Party Claim; provided, however, that (i) the Defending Party shall control, manage and direct the defense of such Third Party Claim; and (ii) the costs and expenses of participating in such defense by the Non-Defending Party shall be the sole responsibility of the Non-Defending Party. Nothing in this Section 1.3(e) shall affect the rights of BioPharma Merck under Section 1.3(c) at any time to assume the defense of any Third Party Claim and to be indemnified for costs and expenses of such defense in accordance with Section 1.3(c).
Appears in 1 contract
Samples: Indemnification and Insurance Matters Agreement (Merck Medco Managed Care LLC)
Participation by Non-Defending Party. In the event that a party (a “Defending Party”) elects or is required to defend a particular Third Party Claim pursuant to Section 1.3(b), 1.3(c) or 1.3(d), the other party (the “Non-Defending Party”) shall have the right to participate in the defense of such Third Party Claim; provided, however, that (i) the Defending Party shall control, manage and direct the defense of such Third Party Claim; and (ii) the costs and expenses of participating in such defense by the Non-Defending Party shall be the sole responsibility of the Non-Defending Party. Nothing in this Section 1.3(e) shall affect the rights of BioPharma Mestek under Section 1.3(c) at any time to assume the defense of any Third Party Claim and to be indemnified for costs and expenses of such defense in accordance with Section 1.3(c).
Appears in 1 contract
Samples: Indemnification and Insurance Matters Agreement (Omega Flex, Inc.)
