Common use of Product Liability Actions Clause in Contracts

Product Liability Actions. A Party becoming aware of an Action involving a product liability Claim in connection with the human use of any Licensed Product (whether in clinical studies in the Development Program or through Commercialization by Xxxxxxx hereunder) shall promptly notify the other Party in the event that any Third Party asserts or files any product liability Claim or Action based thereon relating to alleged defects in a Licensed Product (whether design defects, manufacturing defects, or defects in sales or Promoting) (“Third Party Product Liability Action”) against a Party. In the event a Third Party Product Liability Action is initiated against a single Party for which it seeks indemnification from the other as an Indemnifying Party under Section 13.1, the Indemnifying Party shall have control over such action. In such case, the Indemnified Party shall have the right, in its discretion and at its expense, to join or otherwise participate in such Third Party Products Liability Action with legal counsel selected by the Indemnified Party and reasonably acceptable to the Indemnifying Party; and the Indemnifying Party shall have the right to control the defense of such Action, but shall notify and keep the Indemnified Party apprised in writing of such Action and shall consider and take into account the Indemnified Party’s reasonable interests and requests and suggestions regarding the defense of such Action. In the event of a Third Party Product Liability Action is initiated against both Parties, Xxxxxxx shall control the response to such Third Party Product Liability Action, with each Party responsible for its legal expenses incurred in such Action.

Product Liability Actions. 13.4.1 A Party becoming aware of an Action involving a product liability Claim in connection with the human use of any Licensed Product (whether in clinical studies in the Development Program or through Commercialization by Xxxxxxx hereunderhereunder or otherwise) shall promptly notify the other Party in the event that any Third Party asserts or files any product liability Claim or Action based thereon relating to alleged defects in a Licensed Product (whether design defects, manufacturing defects, or defects in sales or Promotingpromoting) (“Third Party Product Liability Action”) against a Party. In the event a Third Party Product Liability Action is initiated against a single Party for which it seeks indemnification from the other as an Indemnifying Party under Section 13.1, the Indemnifying Party shall have control over such action. In such case, the Indemnified Party shall have the right, in its discretion and at its expense, to join or otherwise participate in such Third Party Products Liability Action with legal counsel selected by the Indemnified Party and reasonably acceptable to the Indemnifying Party; and the Indemnifying Party shall have the right to control the defense of such Action, but shall notify and keep the Indemnified Party apprised in writing of such Action and shall consider and take into account the Indemnified Party’s reasonable interests and requests and suggestions regarding the defense of such Action. In the event of a Third Party Product Liability Action is initiated against both Parties, Xxxxxxx shall control the response to such Third Party Product Liability Action, with each Party responsible for its legal expenses incurred in such ActionAction except as otherwise expressly provided in this Article XIII.

Product Liability Actions. A Party becoming aware of an Action involving a product liability Claim in connection with the human use of any Licensed Product (whether in clinical studies in the Development Program or through Commercialization by Xxxxxxx hereunder) shall promptly notify the other Party in the event that any Third Party asserts asserting or files filing any product liability Claim or Action based thereon relating to alleged defects the human use (whether in clinical studies or through Commercialization by Xxxxxxx hereunder) of a Licensed Product with alleged defects (whether design defects, manufacturing defects, or defects in sales or Promoting[**] = Portions of this exhibit have been omitted pursuant to a confidential treatment request. An unredacted version of this exhibit has been filed separately with the Commission. EXECUTION VERSION promoting) (“Third Third-Party Product Liability Action”) against a Party, shall promptly notify the other Party. In the event a Third Third-Party Product Liability Action is initiated against a single Party for which it seeks or shall seek indemnification from the other as an Indemnifying Party under Section 13.1, the Indemnifying Party shall have control over such actionAction. In such case, the Indemnified Party shall have the right, in its discretion and at its expense, to join or otherwise participate in such Third Party Products Liability Action with legal counsel selected by the Indemnified Party and reasonably acceptable to the Indemnifying Party; and the Indemnifying Party shall have the right to control the defense of such Action, but shall notify and keep the Indemnified Party apprised in writing of such Action and shall consider and take into account the Indemnified Party’s reasonable interests and requests and suggestions regarding the defense of such Action. In the event of that a Third Third-Party Product Liability Action is initiated against both Parties, Xxxxxxx shall have control over the response to such Third Third-Party Product Liability Action, with each Party responsible for its legal expenses incurred in such Action.

Product Liability Actions. A Party becoming aware of an Action involving a product liability Claim in connection with the human use of any Licensed Product (whether in clinical studies in the Development Program or through Commercialization by Xxxxxxx hereunder) shall promptly notify the other Party in the event that any Third Party asserts asserting or files filing any product liability Claim or Action based thereon relating to alleged defects the human use (whether in clinical studies or through Commercialization by Xxxxxxx hereunder) of a Licensed Product with alleged defects (whether design defects, manufacturing defects, or defects in sales or Promotingpromoting) (“Third Third-Party Product Liability Action”) against a Party, shall promptly notify the other Party. In the event a Third Third-Party Product Liability Action is initiated against a single Party for which it seeks or shall seek indemnification from the other as an Indemnifying Party under Section 13.1, the Indemnifying Party shall have control over such actionAction. In such case, the Indemnified Party shall have the right, in its discretion and at its expense, to join or otherwise participate in such Third Party Products Liability Action with legal counsel selected by the Indemnified Party and reasonably acceptable to the Indemnifying Party; and the Indemnifying Party shall have the right to control the defense of such Action, but shall notify and keep the Indemnified Party apprised in writing of such Action and shall consider and take into account the Indemnified Party’s reasonable interests and requests and suggestions regarding the defense of such Action. In the event of that a Third Third-Party Product Liability Action is initiated against both Parties, Xxxxxxx shall have control over the response to such Third Third-Party Product Liability Action, with each Party responsible for its legal expenses incurred in such Action.