Shared Losses. All Losses arising from any Third Party claim relating to the Exploitation of a Licensed Product in the Territory, including fees and disbursements to counsel, incurred by either Party or its Affiliates in connection with the defense of any such Third Party claim brought in the Territory (“Shared Loss Costs”) will be shared in accordance with Article 12 (Payments); [***] For the avoidance of doubt, Losses of a Party or its Affiliates to the extent required to be indemnified under Section 16.1(c) (Indemnification of Terray by Odyssey) or Section 16.2(c) (Indemnification of Odyssey by Terray) will be included in Shared Loss Costs and shared in accordance with Article 12 (Payments).
Appears in 3 contracts
Sources: Collaboration and License Agreement (Odyssey Therapeutics, Inc.), Collaboration and License Agreement (Odyssey Therapeutics, Inc.), Collaboration and License Agreement (Odyssey Therapeutics, Inc.)