Common use of These Clause in Contracts

These. Indemnification Provisions shall remain in full force and effect whether or not the transaction contemplated by the Agreement is completed and shall survive the termination of the Agreement, and shall be in addition to any liability that the Company might otherwise have to any indemnified party under the Agreement or otherwise. XXXXXX & XXXXXXX, LLC By: /s/ Xxxxxx X. Xxxxx Name: Xxxxxx X. Xxxxx Title: Chief Financial Officer Accepted and Agreed to as of the date first written above: POINT THERAPEUTICS, INC. By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. Xxxxx

These. Indemnification Provisions shall remain in full force and effect whether or not the transaction contemplated by the Agreement is completed and shall survive the termination of the Agreement, and shall be in addition to any liability that the Company might otherwise have to any indemnified party under the Agreement or otherwise. XXXXXX & XXXXXXX, LLC By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: Chief Financial Officer Senior Managing Director Accepted and Agreed to as of the date first written above: POINT THERAPEUTICS, INC. VICAL INCORPORATED By: /s/ Xxxxxxx X. Xxxxx Xxxxxx Name: Xxxxxxx X. XxxxxXxxxx Xxxxxx Title: CEO

These. Indemnification Provisions shall remain in full force and effect whether or not the transaction contemplated by the Agreement is completed and shall survive the termination of the Agreement, and shall be in addition to any liability that the Company might otherwise have to any indemnified party under the Agreement or otherwise. XXXXXX RXXXXX & XXXXXXXRXXXXXX, LLC By: /s/ Xxxxxx X. Xxxxx JXXX XXXXX Name: Xxxxxx X. Jxxx Xxxxx Title: Chief Financial Officer Senior Managing Director Accepted and Agreed to as of the date first written above: POINT THERAPEUTICS, INC. CYTRX CORPORATION By: /s/ Xxxxxxx SXXXXX X. Xxxxx XXXXXXXXX Name: Xxxxxxx Sxxxxx X. XxxxxXxxxxxxxx

These. Indemnification Provisions shall remain in full force and effect whether or not the transaction contemplated by the Agreement is completed and shall survive the termination of the Agreement, and shall be in addition to any liability that the Company might otherwise have to any indemnified party under the Agreement or otherwise. XXXXXX & XXXXXXX, LLC By: /s/ Xxxxxx X. Xxxx Xxxxx Name: Xxxxxx X. Xxxx Xxxxx Title: Chief Financial Officer Sr. Managing Director Accepted and Agreed to as of the date first written above: POINT THERAPEUTICSCORTEX PHARMACEUTICALS, INC. By: /s/ Xxxxxxx X. Xxxxx Name: Xxxxxxx X. XxxxxXxxx Xxxxxx Xxxx Xxxxxx, Ph.D.