Right to Participate in Defense. Without limiting Section 14.5(d)(i), any Indemnified Party will be entitled to participate in, but not control, the defense of such Third Party Claim and to employ counsel of its choice for such purpose; provided, that such employment will be at the Indemnified Party’s own cost and expense unless [***].
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Samples: Master Collaboration and License Agreement, Master Collaboration and License Agreement, Master Collaboration and License Agreement (Moderna, Inc.)
Right to Participate in Defense. Without limiting Section 14.5(d)(i12.6(d)(i), any Indemnified Party will be entitled to participate in, but not control, the defense of such Third Party Claim and to employ counsel of its choice for such purpose; provided, however, that such employment will be at the Indemnified Party’s own cost and expense unless [***].
Appears in 4 contracts
Samples: Option Agreement, Option Agreement (Moderna, Inc.), Option Agreement (Moderna, Inc.)
Right to Participate in Defense. Without limiting Section 14.5(d)(i8.5(d)(i), any Indemnified Party will be entitled to participate in, but not control, the defense of such Third Party Claim and to employ counsel of its choice for such purpose; provided, that such employment will be at the Indemnified Party’s own cost and expense unless [***].
Appears in 3 contracts
Samples: Services and Collaboration Agreement, Services and Collaboration Agreement (Moderna, Inc.), Services and Collaboration Agreement (Moderna, Inc.)
Right to Participate in Defense. Without limiting Section 14.5(d)(i11.5(d)(i), any Indemnified Party will shall be entitled to participate in, but not control, the defense of such Third Party Claim and to employ counsel of its choice for such purpose; provided, however, that such employment will participation shall be at the Indemnified Party’s 's own cost and expense unless [***]expense.
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Right to Participate in Defense. Without limiting Section 14.5(d)(i)11.4.1, any Indemnified Party will be entitled to participate in, but not control, the defense of such Third Party Claim and to employ counsel of its choice for such purpose; provided, however, that such employment will be at the Indemnified Party’s own cost and expense unless [***].(a) the employment thereof has been specifically authorized by the indemnifying Party in writing,
Appears in 1 contract
Samples: Collaboration and License Agreement
Right to Participate in Defense. Without limiting Section 14.5(d)(i12.3.2(i), any Indemnified Party will shall be entitled to participate in, but not control, the defense of such Third Party Claim and to employ counsel of its choice for such purpose; provided, however, that such employment will shall be at the Indemnified Party’s own cost and expense unless [(A) the employment thereof has been specifically authorized by the indemnifying party in writing or (B) the indemnifying party has failed to assume the defense and employ counsel in ***]* Portion for which confidential treatment requested.
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