Examples of BMS Indemnitees in a sentence
The foregoing indemnity obligation shall not apply if the BMS Indemnitees materially fail to comply with the indemnification procedures set forth in Section 15.3, or to the extent that any BMS Claim is subject to indemnity pursuant to Section 15.2 and/or is based on or alleges a breach by BMS or its Affiliates of an obligation under an agreement between BMS or its Affiliates and a Third Party.
Upon the assertion of any such claim or suit, the BMS Indemnitees shall promptly notify 3DP thereof and shall permit 3DP to assume direction and control of the defense of the claim (including the selection of counsel and the right to settle it at the sole discretion of 3DP, provided that such settlement does not impose any material obligation on the BMS Indemnitees), and shall cooperate as requested (at the expense of 3DP) in the defense of the claim.
Subject to Section 15.3, Corgentech agrees to defend BMS, its Affiliates and their respective directors, officers, employees and agents (collectively, the "BMS Indemnitees"), at Corgentech's cost and expense, and shall indemnify and hold harmless the BMS Indemnitees from and against any Losses arising out of any Claims brought against any BMS Indemnitee by a Third Party resulting directly from [*] in the Royalty Territory as to which Corgentech [*].
There are no express or implied third party beneficiaries hereunder (except for ATI Indemnitees and BMS Indemnitees for purposes of Section 15.5).
Confidential Treatment Requested Under 17 C.F.R. Sections 200.80(b)(4) and 240.24b-2 Trial Inventions and Combined Therapy Patent Rights outside the scope of this Agreement (other than with respect to Third Party Claims that are covered under Section 6.4)); but excluding, in each case with respect to clauses (a) through (c), or (e), any such Losses to the extent Nektar is obligated to Indemnify the BMS Indemnitees pursuant to Section 11.2.
In addition, each Party shall defend, indemnify and hold harmless the other Party (and the BMS Indemnitees or COLLABORATOR Indemnitees, as applicable) as provided in Sections 4.14(l), 5.5(b), 9.8(d) and 9.9(d).
Concreting shall be done as per alternate bay method with necessary cantering either by mastic or cement mortars as directed.
Disputes arising under or in connection with this Agreement shall be resolved pursuant to this Section 13.1; provided, however, that in the event a dispute cannot be resolved without an adjudication of the rights or obligations of a Third Party (other than any Tranzyme Indemnitees or BMS Indemnitees identified in Section 11.5), the dispute procedures set forth Section 13.1(c) shall be inapplicable as to such dispute.
There are no express or implied Third Party beneficiaries hereunder (except for Tranzyme Indemnitees and BMS Indemnitees for purposes of Section 11.5).
Upon the assertion of any such claim or suit, the BMS Indemnitees shall promptly notify Arris thereof and Arris shall appoint counsel reasonably acceptable to the BMS Indemnitees to represent the BMS Indemnitees with respect to any claim or suit for which indemnification is sought.