Third Party Action definition
Examples of Third Party Action in a sentence
If any Party or any of its Affiliates becomes aware of any Third Party Action with respect to the Licensed Device or any Licensed Product in the Territory, such Party shall promptly notify Company and MeiraGTx, as applicable, of all details regarding such claim or action that is reasonably available to such Party or such Affiliate.
Subject to the respective indemnity obligations of the Parties set forth in ARTICLE 12, the Defending Party shall pay all costs incurred by the Parties associated with such Third Party Action other than the expenses of the non-Defending Party if the non-Defending Party elects to join such Third Party Action pursuant to Section 9.5.3.
As among the Parties, Company shall have the first right, at its sole cost and expense, but not the obligation, to defend against any Third Party Action with respect to a Licensed Product in the Field in the Territory and, subject to Section 9.5.5, to settle or otherwise compromise such Third Party Action.
The Party defending such Third Party Action shall have the sole and exclusive right to select counsel for such Third Party Action.
The Party defending a Third Party Action (the “Defending Party”) pursuant to Section 9.5.2 shall consult with the non-Defending Party on all material aspects of the defense.