Common use of Shared Claims Clause in Contracts

Shared Claims. Notwithstanding the foregoing, any Claims brought against either Party that directly or indirectly arise out of, are based on, or result from the performance of any (i) Shared Study (other than an Allos Study) in accordance with the Development Plan, or (ii) an Allos-Facilitated ISS or Mundipharma-Facilitated ISS, and that (in the case of both (i) and (ii)) are not otherwise subject to indemnity under Sections 10.1 or 10.2 (“Shared Claims”) shall be shared by the Parties. Any and all damages, losses, liabilities, costs, expenses (including court costs and reasonable attorneys’ fees and expenses) and recoveries paid to a Third Party or incurred by the Parties in connection with Shared Claims (“Shared Costs”) shall be paid for by the Parties in the proportions set forth in Section 4.5 as in effect at the time the Shared Costs become due and payable, and each Party shall reimburse the other as required to give effect to this Section 10.

Shared Claims. Notwithstanding the foregoing, any Claims brought against either Party that directly or indirectly arise out of, are based on, or result from the performance of any (i) Shared Study (other than an Allos Study) in accordance with the Development Plan, or (ii) an Allos-Facilitated ISS or Mundipharma-Facilitated ISS, and that (in the case of both (i) and (ii)) are not otherwise subject to indemnity under Sections 10.1 or 10.2 (“"Shared Claims”") shall be shared by the Parties. Any and all damages, losses, liabilities, costs, expenses (including court costs and reasonable attorneys’ ' fees and expenses) and recoveries paid to a Third Party or incurred by the Parties in connection with Shared Claims (“"Shared Costs”") shall be paid for by the Parties in the proportions set forth in Section 4.5 as in effect at the time the Shared Costs become due and payable, and each Party shall reimburse the other as required to give effect to this Section 10.