Product Liability Costs definition

Product Liability Costs means the reasonable costs associated with (i) any recall in the Territory, including the cost of any investigations or corrective actions, (ii) any Excess Product Liability Costs, and (iii) product liability insurance premiums for policies covering the development, manufacture or Commercialization of ZIOPHARM Products (as described in Section 9.5).

Product Liability Costs means Out-of-Pocket Costs (including reasonable attorneys’ and experts’ fees and expenses paid to Third Parties), damages paid to Third Parties and other amounts paid in settlement to Third Parties, and FTE Costs associated with Third Party Products Liability Actions resulting from the Exploitation of the Products pursuant to this Agreement.

Product Liability Costs has the meaning set forth in Section 9.6.

Examples of Product Liability Costs in a sentence

• Each Party will promptly pay the other Party its share of any such Shared Product Liability Costs after receipt of detailed supporting documentation evidencing such Shared Product Liability Costs.

• Any negative Net Sales that results from Excess Product Liability Costs may be carried forward to future quarters and offset against positive Net Sales in such future quarters for the same Fibrocell Product.

• Any negative Gross Profits for a given AquaBounty Product, including any that result from Excess Product Liability Costs, may be carried forward to future quarters and offset against positive Gross Profits in such future quarters for the same AquaBounty Product.

• GENERICO will be responsible for any Product Liability Costs to the extent they arise from or as a result of the negligence, bad faith, intentional misconduct or intentional breach of this Agreement by GENERICO, and must promptly pay or reimburse NEW ALPHA if NEW ALPHA pays or incurs any Product Liability Costs that arise from or relate to GENERICO’s gross negligence, bad faith, intentional misconduct or intentional breach of this Agreement, subject to Sections 12.2 and 12.8.

• Any negative Product Profit that results from Excess Product Liability Costs, and Third Party Blocking IP Costs (as defined in Exhibit A) may be carried forward to future quarters and offset against positive Product Profit in such future quarters for the same ZIOPHARM Product.

More Definitions of Product Liability Costs

Product Liability Costs means costs associated with Product Liability Claims resulting from the Development, Manufacture, Commercialization, or use of the Licensed Product(s) under this Agreement in the United States and product liability insurance premiums for policies covering the Development, Manufacture, Commercialization, or use of the Licensed Product(s) in the United States (other than Losses entitled to indemnification under Section 13.1 or Section 13.2).

Product Liability Costs means the reasonable costs associated with (i) any recall in the Territory, including the cost of any investigations or corrective actions, (ii) any Excess Product Liability Costs, and (iii) product liability insurance premiums for policies covering the development, manufacture or Commercialization of Products (as described in Section 9.5).

Product Liability Costs means, with respect to a Product, FTE Costs and Out-of-Pocket Costs incurred by either Party or its Affiliates associated with (a) any recall of such Product in the Field in the Territory, including the cost of any investigations or corrective actions with respect thereto, and (b) any Excess Product Liability Costs to the extent set forth in Section 9.3.

Product Liability Costs means those Out-of-Pocket Costs, Development FTE Costs and Commercial FTE Costs incurred in connection with the defense of any Product Liability Actions.

Product Liability Costs means the reasonable costs associated with (i) any recall in the Territory, including the cost of any investigations or

Product Liability Costs means Out-of-Pocket Costs and internal costs incurred directly in connection with Third Party Product Liability Actions resulting from the Development, Manufacture or Commercialization of the Licensed Product pursuant to this

Product Liability Costs means, with respect to a Shared Product and with respect to a Calendar Quarter, (a) costs directly incurred by a Party, its Affiliates or Infinity Related Parties in connection with Third Party product liability or intellectual property infringement claims or actions, not including the costs of internal personnel incurred in the defense of any such claim, to the extent resulting or arising from the research, development, manufacturing or commercialization of such Shared Product in the Field for the United States under this Agreement, but excluding any such costs incurred with respect to a Claim to the extent such Party is obligated to provide indemnification under Article 17 of the Agreement, and (b) a reasonable allocation of the costs of product liability insurance premiums for policies covering the research, development, manufacture or commercialization of such Shared Product in the Field in the United States.