Examples of Fortis in a sentence
Any breach by Fortis’s Controlled Affiliate of any of Fortis’s obligations under this Agreement will be deemed a breach by Fortis, and FibroGen may proceed directly against Fortis without any obligation to first proceed against Fortis’s Affiliate.
Any breach by FibroGen’s Affiliate of any of FibroGen’s obligations under this Agreement will be deemed a breach by FibroGen, and Fortis may proceed directly against FibroGen without any obligation to first proceed against FibroGen’s Affiliate.
If FibroGen does not commence actions to defend such claim within [*] to Fortis as required by Section 8.8(a)), then Fortis will have the right, but not the obligation, to control the defense of such claim by counsel of its choice, [*].
In addition, Fortis may discharge any obligations and exercise any rights hereunder through delegation of its obligations or rights to any of its Controlled Affiliates, but may not discharge any of its obligations and exercise any rights hereunder through delegation of its obligations or rights to any of its Affiliates that are not Controlled Affiliates.
Upon FibroGen’s request, Fortis will provide to FibroGen a copy of all Collaboration Data that is generated by or on behalf of Fortis that Fortis has not previously provided to FibroGen.