Common use of Primacy of Indemnification; Subrogation Clause in Contracts

Primacy of Indemnification; Subrogation. (a) [The Company hereby acknowledges that Indemnitee has or may in the future have certain indemnification, exoneration, hold harmless or Expense advancement rights and/or insurance provided by [Fund] and certain of its affiliates (collectively, the “Fund Indemnitors”). The Company hereby agrees (i) that it is the indemnitor of first resort (i.e., its obligations to Indemnitee are primary and any obligation of the Fund Indemnitors to advance Expenses or to provide indemnification, exoneration or hold harmless rights for the same Expenses incurred by Indemnitee are secondary), (ii) that it shall be required to advance the full

Appears in 3 contracts

Samples: Indemnification Agreement (Satsuma Pharmaceuticals, Inc.), Indemnification Agreement (IDEAYA Biosciences, Inc.), Indemnification Agreement (Gritstone Oncology, Inc.)

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Primacy of Indemnification; Subrogation. (a) [The Company hereby acknowledges that Indemnitee has or may in the future have certain indemnification, exoneration, hold harmless or Expense expense advancement rights and/or insurance provided by [Fund] and certain of its affiliates (collectively, the “Fund Indemnitors”). The Company hereby agrees (i) that it is the indemnitor of first resort (i.e., its obligations to Indemnitee are primary and any obligation of the Fund Indemnitors to advance Expenses or to provide indemnification, exoneration or hold harmless rights for the same Expenses incurred by Indemnitee are secondary), (ii) that it shall be required to advance the full

Appears in 1 contract

Samples: Indemnification Agreement (Ascendis Pharma a/S)

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