Common use of Effect of Representations and Warranties Clause in Contracts

Effect of Representations and Warranties. It is understood that if the representations and warranties under this Article 12 are not true and accurate and a party incurs liabilities, costs or other expenses as a result of such falsity, the party at fault shall indemnify, defend and hold the injured party harmless from and against any such liabilities, costs or expenses incurred, provided that the party at fault receives prompt notice of any claim against the injured party resulting from or related to such falsity and the sole right to control the defense or settlement thereof.

Appears in 6 contracts

Samples: Product License Agreement (Abgenix Inc), Product License Agreement (Abgenix Inc), Product License Agreement (Abgenix Inc)

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Effect of Representations and Warranties. It is understood that if the representations and warranties under this Article 12 10 are not true and accurate and a party incurs liabilities, costs or other expenses as a result of such falsity, the party at fault shall indemnify, defend and hold the injured party harmless from and against any such liabilities, costs or expenses incurred, provided that the party at fault receives prompt notice of any claim against the injured party resulting from or related to such falsity and the sole right to control the defense or settlement thereof.

Appears in 3 contracts

Samples: Therapy Rights Agreement (Abgenix Inc), Therapy Rights Agreement (Abgenix Inc), Therapy Rights Agreement (Abgenix Inc)

Effect of Representations and Warranties. It is understood that if the representations and warranties under this Article 12 13 are not true and accurate and a party incurs liabilities, costs or other expenses as a result of such falsity, the party at fault shall indemnify, defend and hold the injured party harmless from and against any such liabilities, costs or expenses incurred, provided that the party at fault receives prompt notice of any claim against the injured party resulting from or related to such falsity and the sole right to control the defense or settlement thereof.

Appears in 2 contracts

Samples: Product License Agreement (Abgenix Inc), Product License Agreement (Abgenix Inc)

Effect of Representations and Warranties. It is understood that if the representations and warranties under this Article 12 9 are not true and accurate and a party incurs liabilities, costs or other expenses as a result of such falsity, the party at fault shall indemnify, defend and hold the injured party harmless from and against any such liabilities, costs or expenses incurred, provided that the party at fault receives prompt notice of any claim against the injured party resulting from or related to such falsity and the sole right to control the defense or settlement thereof.

Appears in 1 contract

Samples: Research License and Option Agreement (Abgenix Inc)

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Effect of Representations and Warranties. It is understood that if the representations and warranties made by a party under this Article 12 8 are not true and accurate accurate, and a the other party incurs damages, liabilities, costs or other expenses as a result of such falsity, the party at fault making such representations and warranties shall indemnify, defend indemnify and hold the injured other party harmless from and against any such damages, liabilities, costs or other expenses incurred, provided that the party at fault receives prompt notice incurred as a result of any claim against the injured party resulting from or related to such falsity (including, without limitation, reasonable attorney’s fees and the sole right to control the defense or settlement thereofexpenses).

Appears in 1 contract

Samples: Patent License Agreement (Bellacasa Productions Inc)

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