PATENT LICENSE AGREEMENT. Company or its Affiliates or sublicensees; and (c) the enforcement of this Article 11 by any Indemnified Party, except for (1) any Claims arising out of the willful misconduct or gross negligence of, or material breach of this Agreement by, Penn or any other Indemnified Party, or (2) any Claims arising out of the development, testing, use, manufacture, promotion, sale, practice or other disposition of any Penn Patent Rights, BMS Assigned Technical Information or Licensed Products pursuant to the retained rights under Section 1.3 (and not as part of any Other Agreement). The term β
Appears in 4 contracts
Samples: Patent License Agreement (Aegerion Pharmaceuticals, Inc.), Patent License Agreement (Aegerion Pharmaceuticals, Inc.), Patent License Agreement (Aegerion Pharmaceuticals, Inc.)
