Common use of ANNUAL CAP Clause in Contracts

ANNUAL CAP. The aggregate amount of Losses incurred by the Alvogen Indemnitees in a given Annual Period for which the Alvogen Indemnitees shall be entitled to indemnification pursuant to this Article XI (excluding Loss claims made under clause (f) of Section 11.2 and clause (f) of Section 11.1) shall be limited to an amount equal to [***]% of the aggregate amount paid by Alvogen to Pfenex hereunder in such Annual Period. The aggregate amount of Losses incurred by the Pfenex Indemnitees in a given Annual Period for which the Pfenex Indemnitees shall be entitled to indemnification pursuant to this Article XI (excluding Loss claims made under clause (f) of Section 11.2 and clause (f) of Section 11.1) shall be limited to an amount equal to [***]% of the aggregate amount paid by Alvogen to Pfenex hereunder in such Annual Period.

Appears in 3 contracts

Sources: Development and License Agreement (Pfenex Inc.), e.u. Development and License Agreement (Pfenex Inc.), Mena Development and License Agreement (Pfenex Inc.)