Allocation. In the event a claim is based partially on an indemnified claim and partially on a non-indemnified claim or based partially on a claim indemnified by one Party and partially on a claim indemnified by the other Party, any payments in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 11 contracts
Samples: Research Collaboration and License Agreement (Genvec Inc), License Agreement (Idenix Pharmaceuticals Inc), License Agreement (Macrogenics Inc)
Allocation. In the event a claim is based partially on an indemnified claim and partially on a non-indemnified claim or based partially on a claim indemnified by one Party and partially on a claim indemnified by the other Party, any payments in connection with such claims are to shall be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 6 contracts
Samples: Termination and Revised Relationship Agreement (Infinity Pharmaceuticals, Inc.), Strategic Alliance Agreement (Infinity Pharmaceuticals, Inc.), Termination and Revised Relationship Agreement (Infinity Pharmaceuticals, Inc.)
Allocation. In the event If a claim is based partially on an indemnified claim and partially on a non-indemnified claim or based partially on a claim indemnified by one Party and partially on a claim indemnified by the other Party, any payments in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 5 contracts
Samples: Platform Agreement (Arrowhead Research Corp), 101 Agreement (Arrowhead Research Corp), Platform Agreement (Cerulean Pharma Inc.)
Allocation. In the event a claim is based partially on an indemnified claim under this Agreement or the Investor Rights Agreement and partially on a non-indemnified claim or based partially on a claim indemnified by one Party under this Agreement or the Investor Rights Agreement and partially on a claim indemnified by another Party(ies) under this Agreement or the other PartyInvestor Rights Agreement, any payments in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 3 contracts
Samples: License and Collaboration Agreement (Regulus Therapeutics Inc.), License and Collaboration Agreement (Isis Pharmaceuticals Inc), License and Collaboration Agreement (Alnylam Pharmaceuticals, Inc.)
Allocation. In the event a claim is based partially on an indemnified claim and partially on a non-indemnified claim or based partially on a claim indemnified by one Party and partially on a claim indemnified by the other Party, any payments in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.,
Appears in 2 contracts
Samples: License Agreement (Allena Pharmaceuticals, Inc.), License Agreement (Allena Pharmaceuticals, Inc.)
Allocation. In the event If a claim is based partially in part on an indemnified claim claim, as described in Sections 9.1 and partially 9.2, and in part on a non-indemnified claim claim, or is based partially in part on a claim indemnified by one Party described in Section 9.1 and partially in part on a claim indemnified by the other Partydescribed in Section 9.2, any payments and reasonable attorney fees incurred in connection with such claims are to will be apportioned between the Parties in accordance with the degree of cause fault attributable to each Party.
Appears in 2 contracts
Samples: License Agreement (Rain Therapeutics Inc.), License Agreement (Rain Therapeutics Inc.)
Allocation. In the event a claim is based partially on an indemnified claim under this Agreement or the LLC Agreement and partially on a non-indemnified claim or based partially on a claim indemnified by one Party under this Agreement or the LLC Agreement and partially on a claim indemnified by another Party(ies) under this Agreement or the other PartyLLC Agreement, any payments in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 2 contracts
Samples: License Agreement (Isis Pharmaceuticals Inc), License and Collaboration Agreement (Alnylam Pharmaceuticals, Inc.)
Allocation. In the event a claim is based partially on an indemnified claim under this Agreement or the Investor Rights Agreement and partially on a non-indemnified claim or based partially on a claim indemnified by one Party under this Agreement or the Investor Rights Agreement and partially on a claim indemnified by another Party(ies) under this Agreement or the other PartyInvestor Rights Agreement, any payments in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.. ***Confidential Treatment Requested
Appears in 1 contract
Samples: License and Collaboration Agreement (Regulus Therapeutics Inc.)
Allocation. In the event a claim is based partially on an indemnified claim described in Sections 9.1 and 9.2 and partially on a non-indemnified claim claim, or is based partially on a claim indemnified by one Party described in Section 9.1 and partially on a claim indemnified by the other Partydescribed in Section 9.2, any payments and reasonable attorney fees incurred in connection with such claims are to be apportioned between the Parties or between the indemnifying Party and an Indemnitee, as the case may be, in accordance with the degree of cause attributable to each PartyParty and/or person.
Appears in 1 contract
Allocation. In the event a claim is based partially on an indemnified claim described in Sections 8.1, 8.2 or 8.3 and partially on a non-indemnified claim claim, or is based partially on a claim indemnified by one Party described in Section 8.1 or 8.3 and partially on a claim indemnified by the other Partydescribed in Section 8.2 or 8.3, any payments in connection with such claims are to be apportioned between the Parties in accordance with the degree of cause attributable to each Party.
Appears in 1 contract
Samples: License and Supply Agreement (Collagenex Pharmaceuticals Inc)