Supernus Product. Subject to Section 8.2.3, if the Third Party claim is specifically related to the RH Concept or the Supernus Product, Supernus will defend any suit resulting directly from such claim. RH hereby agrees to be joined in such suit, should RH be found to be an indispensable party to the proper defense of such suit provided that Supernus reimburses RH’s costs unless the claim is directly linked to a RH breach of warranty as set forth in Article 3. RH may choose to obtain its own counsel for such litigation in which event it shall be liable for its own costs.
Appears in 4 contracts
Samples: Purchase and Sale Agreement (Supernus Pharmaceuticals, Inc.), Purchase and Sale Agreement, Purchase and Sale Agreement (Supernus Pharmaceuticals Inc)
