Security for Indemnification. a. At such time as any Licensed Product is being commercially distributed or sold (other than for the purpose of obtaining regulatory approvals) by AMICUS or by a sub-licensee, Affiliate or agent of AMICUS and to the extent that it is available on commercially reasonable terms, AMICUS shall at its sole cost and expense, procure and maintain policies of comprehensive general liability insurance in amounts not less than ****** per incident and ****** annual aggregate and naming the indemnitees as additional insureds. Such comprehensive general liability insurance shall provide (i) product liability coverage and (ii) broad form contractual liability coverage for AMICUS’s indemnification under Section 9 of this Agreement. The minimum amounts of insurance coverage required under this Section 10 shall not be construed as a limit of AMICUS’s liability with respect to its indemnification under Section 9 of this Agreement. b. AMICUS shall provide MSSM with written evidence of such insurance upon request of MSSM. AMICUS shall provide MSSM with written notice at least 60 days prior to the cancellation, non-renewal or material change in such insurance; if AMICUS does not obtain replacement insurance providing comparable coverage within such 60 day period effective immediately upon notice to AMICUS, MSSM shall have the right to terminate this Agreement effective at the end of such 60 day period without notice or any additional waiting periods. c. AMICUS shall maintain such comprehensive general liability insurance beyond the expiration or termination of this Agreement during: (i) the period that any product, process or service, relating to, or developed pursuant to, this Agreement is being commercially distributed or sold (other than for the purpose of obtaining regulatory approvals) by AMICUS or by a licensee, Affiliate or agent of AMICUS and (ii) a reasonable period after the period referred to in (c)(i) above which in no event shall be less than seven years.”
Appears in 2 contracts
Sources: Licensing, Development, Manufacturing and Marketing Agreement, License and Collaboration Agreement (Amicus Therapeutics Inc)
Security for Indemnification. a. At such time as any Licensed Product is being commercially distributed or sold (other than for the purpose of obtaining regulatory approvals) by AMICUS or by a sub-licensee, Affiliate or agent of AMICUS and to the extent that it is available on commercially reasonable terms, AMICUS shall at its sole cost and expense, procure and maintain policies of comprehensive general liability insurance in amounts not less than [****** ] per incident and [****** ] annual aggregate and naming the indemnitees as additional insureds. Such comprehensive general liability insurance shall provide (i) product liability coverage and (ii) broad form contractual liability coverage for AMICUS’s indemnification under Section 9 of this Agreement. The minimum amounts of insurance coverage required under this Section 10 shall not be construed as a limit of AMICUS’s liability with respect to its indemnification under Section 9 of this Agreement.
b. AMICUS shall provide MSSM with written evidence of such insurance upon request of MSSM. AMICUS shall provide MSSM with written notice at least 60 days prior to the cancellation, non-renewal or material change in such insurance; if AMICUS does not obtain replacement insurance providing comparable coverage within such 60 day period effective immediately upon notice to AMICUS, MSSM shall have the right to terminate this Agreement effective at the end of such 60 day period without notice or any additional waiting periods.
c. AMICUS shall maintain such comprehensive general liability insurance beyond the expiration or termination of this Agreement during: (i) the period that any product, process or service, relating to, or developed pursuant to, this Agreement is being commercially distributed or sold (other than for the purpose of obtaining regulatory approvals) by AMICUS or by a licensee, Affiliate or agent of AMICUS and (ii) a reasonable period after the period referred to in (c)(i) above which in no event shall be less than seven years.”
Appears in 2 contracts
Sources: License and Collaboration Agreement (Amicus Therapeutics Inc), License Agreement (Amicus Therapeutics Inc)
Security for Indemnification. a. At such time as any Licensed Product is being commercially distributed or sold (other than for the purpose of obtaining regulatory approvals) by AMICUS COMPANY or by a sub-licenseesublicensee, Affiliate or agent of AMICUS COMPANY and to the extent that it is available on commercially reasonable terms, AMICUS COMPANY shall at its sole cost and expense, procure and maintain policies of comprehensive general liability insurance in amounts not less than ****** two and one-half million ($2,500,000) per incident and ****** two and one-half million ($2,500,000) annual aggregate and naming the indemnitees as additional insureds. Such comprehensive general liability insurance shall provide (i) provide
i. product liability coverage and (ii) , broad form contractual liability coverage for AMICUS’s COMPANY'S indemnification under Section 9 11 of this Agreement. .
b. The minimum amounts of insurance coverage required under this Section 10 12 shall not be construed as a limit of AMICUS’s COMPANY'S liability with respect to its indemnification under Section 9 11 of this Agreement.
b. AMICUS c. COMPANY shall provide MSSM with written evidence of such insurance upon request of MSSM. AMICUS COMPANY shall provide MSSM with written notice at least 60 days prior to the cancellation, non-renewal or material change in such insurance; if AMICUS COMPANY does not obtain replacement insurance providing comparable coverage within such 60 day period effective immediately upon notice to AMICUSCOMPANY, MSSM shall have the right to terminate this Agreement effective at the end of such 60 day period without notice or any additional waiting periods.
c. AMICUS d. COMPANY shall maintain such comprehensive general liability insurance beyond the expiration or termination of this Agreement during: (i) the period that any product, process or service, relating to, or developed pursuant to, this Agreement is being commercially distributed or sold (other than for the purpose of obtaining regulatory approvals) by AMICUS COMPANY or by a licensee, Affiliate or agent of AMICUS COMPANY and (ii) a reasonable period after the period referred to in (c)(i) above which in no event shall be less than seven years.”
Appears in 1 contract
Security for Indemnification. a. At such time as any Licensed Product is being commercially distributed or sold (other than for the purpose of obtaining regulatory approvals) by AMICUS MAGNA or by a sub-licensee, Affiliate or agent of AMICUS and to the extent that it is available on commercially reasonable termsMAGNA, AMICUS MAGNA shall at its sole cost and expense, procure and maintain policies of comprehensive general liability insurance in amounts not less than ****** $5 million per incident and ****** $5 million annual aggregate and naming the indemnitees Indemnitees as additional insuredsinsured parties. Such comprehensive general liability insurance shall provide (i) product liability coverage and (ii) broad form contractual liability coverage for AMICUS’s MAGNA's indemnification under Section 9 7 of this Agreement. The minimum amounts of insurance coverage required under this Section 10 8 shall not be construed as a limit of AMICUS’s MAGNA 's liability with respect to its indemnification under Section 9 8 of this Agreement.
b. AMICUS MAGNA shall provide MSSM with MAGNA written evidence of such insurance upon request of MSSM. AMICUS MAGNA shall provide MSSM with written notice at least 60 days prior to the cancellation, non-renewal or material change in such insurance; if AMICUS MAGNA does not obtain replacement insurance providing comparable coverage within such 60 day period effective immediately upon notice to AMICUSMAGNA, MSSM shall have the right to terminate this Agreement effective at the end of such 60 day period without notice or any additional waiting periods.
c. AMICUS MAGNA shall maintain such comprehensive general liability insurance beyond the expiration or termination of this Agreement during: (i) the period that any product, process or service, relating to, or developed pursuant to, this Agreement is being commercially distributed or sold (other than for the purpose of obtaining regulatory approvals) by AMICUS MAGNA or by a licensee, Affiliate or agent of AMICUS MAGNA, and (ii) a reasonable period after the period referred to in (c)(i) above which in no event shall be less than seven three years.”
Appears in 1 contract
Sources: License Agreement (Magna Lab Inc)
Security for Indemnification. a. At such time as any Licensed Product is being commercially distributed or sold (other than for the purpose of obtaining regulatory approvals) by AMICUS or by a sub-licensee, Affiliate or agent of AMICUS and to the extent that it is available on commercially reasonable terms, AMICUS shall at its sole cost and expense, procure and maintain policies of comprehensive general liability insurance in amounts not less than ****** per incident and ****** annual aggregate and naming the indemnitees as additional insureds. Such comprehensive general liability insurance shall provide (i) product liability coverage and (ii) broad form contractual liability coverage for AMICUS’s ’ indemnification under Section 9 of this Agreement. The minimum amounts of insurance coverage required under this Section 10 shall not be construed as a limit of AMICUS’s ’ liability with respect to its indemnification under Section 9 of this Agreement.
b. AMICUS shall provide MSSM with written evidence of such insurance upon request of MSSM. AMICUS shall provide MSSM with written notice at least 60 days prior to the cancellation, non-renewal or material change in such insurance; if AMICUS does not obtain replacement insurance providing comparable coverage within such 60 day period effective immediately upon notice to AMICUS, MSSM shall have the right to terminate this Agreement effective at the end of such 60 day period without notice or any additional waiting periods.
c. AMICUS shall maintain such comprehensive general liability insurance beyond the expiration or termination of this Agreement during: (i) the period that any product, process or service, relating to, or developed pursuant to, this Agreement is being commercially distributed or sold (other than for the purpose of obtaining regulatory approvals) by AMICUS or by a licensee, Affiliate or agent of AMICUS and (ii) a reasonable period after the period referred to in (c)(i) above which in no event shall be less than seven years.”above
Appears in 1 contract
Sources: License and Collaboration Agreement (Amicus Therapeutics Inc)