Limitation of Liability and Exclusion of Damages. 8.5.1 EXCEPT IN THE CASE OF (A) A BREACH OF ARTICLE 5, (B) THIRD PARTY CLAIMS AND (C) CLAIMS REGARDING INFRINGEMENT (THE LIMITATIONS OF WHICH ARE GOVERNED BY SECTIONS 8.5.2 AND 8.5.3 BELOW, WITHOUT LIMITING THE PARTIES’ OBLIGATIONS UNDER ARTICLE 8, IN NO EVENT SHALL SCIDOSE’S LIABILITY TO EAGLE ARISING OUT OF THIS AGREEMENT EXCEED [*] OF THE ROYALTIES PAID TO SCIDOSE BY EAGLE IN ANY CALENDAR YEAR.
Appears in 4 contracts
Samples: Original Agreement (Eagle Pharmaceuticals, Inc.), Development and License Agreement (Eagle Pharmaceuticals, Inc.), Original Agreement (Eagle Pharmaceuticals, Inc.)
Limitation of Liability and Exclusion of Damages. 8.5.1 EXCEPT IN THE CASE OF (A) A BREACH OF ARTICLE 5, (B) THIRD PARTY CLAIMS AND (C) CLAIMS REGARDING INFRINGEMENT (THE LIMITATIONS OF WHICH ARE GOVERNED BY SECTIONS 8.5.2 AND 8.5.3 BELOW, WITHOUT LIMITING THE PARTIES’ OBLIGATIONS UNDER ARTICLE 8, IN NO EVENT SHALL SCIDOSEROBERT’S LIABILITY TO EAGLE ARISING OUT OF THIS AGREEMENT EXCEED [*] OF THE ROYALTIES PAID TO SCIDOSE XXXXXX BY EAGLE IN ANY CALENDAR YEAR.
Appears in 3 contracts
Samples: Development and License Agreement, Development and License Agreement (Eagle Pharmaceuticals, Inc.), Development and License Agreement (Eagle Pharmaceuticals, Inc.)
Limitation of Liability and Exclusion of Damages. 8.5.1 EXCEPT IN THE CASE OF (A) A BREACH OF ARTICLE 5, (B) THIRD PARTY CLAIMS AND (C) CLAIMS REGARDING INFRINGEMENT (THE LIMITATIONS OF WHICH ARE GOVERNED BY SECTIONS 8.5.2 AND 8.5.3 BELOW), WITHOUT LIMITING THE PARTIES’ OBLIGATIONS UNDER ARTICLE 8, IN NO EVENT SHALL SCIDOSEROBERT’S LIABILITY TO EAGLE ARISING OUT OF THIS AGREEMENT EXCEED [*] OF THE ROYALTIES PAID TO SCIDOSE XXXXXX BY EAGLE IN ANY CALENDAR YEAR.
Appears in 2 contracts
Samples: Development and License Agreement (Eagle Pharmaceuticals, Inc.), Development and License Agreement (Eagle Pharmaceuticals, Inc.)
