Defense Procedures; Procedures for Third Party Claims. In the event that any Third Party asserts a claim with respect to any matter for which any Xxxxx Party or Pfizer Party (the “Indemnified Party”), as applicable, is entitled to indemnification hereunder with respect to such Indemnified Party (a “Third Party Claim”), then the Indemnified Party shall promptly notify in writing the party obligated to indemnify the Indemnified Party under the terms of this Agreement (the “Indemnifying Party”) thereof; provided, however, that no delay on the part of the Indemnified Party in notifying the Indemnifying Party shall relieve the Indemnifying Party from any obligation hereunder unless (and then only to the extent that) the Indemnifying Party is prejudiced thereby.
Appears in 3 contracts
Samples: License Agreement (Coley Pharmaceutical Group, Inc.), License Agreement (Coley Pharmaceutical Group, Inc.), License Agreement (Coley Pharmaceutical Group, Inc.)
Defense Procedures; Procedures for Third Party Claims. In the event that any (a) If a Third Party (in no event to include any Affiliate of any of the Parties) asserts a claim with respect to any matter for which any Xxxxx Party or Pfizer Party a party (the “Indemnified Party”), as applicable, ) is entitled to indemnification hereunder with respect to such Indemnified Party (a “Third Party Claim”), then the Indemnified Party shall promptly notify in writing the party Party obligated to indemnify the Indemnified Party under the terms of this Agreement (the “Indemnifying Party”) thereof; provided, however, that no delay on the part of the Indemnified Party in notifying the Indemnifying Party shall relieve the Indemnifying Party from any obligation hereunder unless (and then only to the extent that) the Indemnifying Party is prejudiced thereby.
Appears in 2 contracts
Samples: License and Development Agreement, License and Development Agreement (Lpath, Inc)
Defense Procedures; Procedures for Third Party Claims. In the event that any Third Party (in no event to include any Affiliate of any of the parties) asserts a claim with respect to any matter for which any Xxxxx Party or Pfizer Party a party (the “Indemnified Party”), as applicable, ) is entitled to indemnification hereunder with respect to such Indemnified Party (a “Third Party Claim”), then the Indemnified Party shall promptly notify in writing the party obligated to indemnify the Indemnified Party under the terms of this Agreement (the “Indemnifying Party”) thereof; provided, however, that no delay on the part of the Indemnified Party in notifying the Indemnifying Party shall relieve the Indemnifying Party from any obligation hereunder unless (and then only to the extent that) the Indemnifying Party is prejudiced thereby.
Appears in 2 contracts
Samples: Collaboration and License Agreement (Athersys, Inc / New), License and Development Agreement (Avant Immunotherapeutics Inc)
Defense Procedures; Procedures for Third Party Claims. In the event that any Third Party (in no event to include any Affiliate of any of the Parties) asserts a claim with respect to any matter for which any Xxxxx Party or Pfizer a Party (the “Indemnified Party”), as applicable, ) is entitled to indemnification hereunder with respect to such Indemnified Party (a “Third Party Claim”), then the Indemnified Party shall promptly notify in writing the party Party obligated to indemnify the Indemnified Party under the terms of this Agreement (the “Indemnifying Party”) thereof; provided, however, that no delay on the part of the Indemnified Party in notifying the Indemnifying Party shall relieve the Indemnifying Party from any obligation hereunder unless (and then only to the extent that) the Indemnifying Party is prejudiced thereby.
Appears in 2 contracts
Samples: Collaborative Research and License Agreement, Collaborative Research and License Agreement (pSivida LTD)
Defense Procedures; Procedures for Third Party Claims. In the event that any Third Party third party (in no event to include any Affiliate of any of the parties) asserts a claim with respect to any matter for which any Xxxxx Party or Pfizer Party a party (the “Indemnified Party”), as applicable, ) is entitled to indemnification hereunder with respect to such Indemnified Party (a “Third Party Claim”), then the Indemnified Party shall promptly notify in writing the party obligated to indemnify the Indemnified Party under the terms of this Agreement (the “Indemnifying Party”) thereof; provided, however, that no delay on the part of the Indemnified Party in notifying the Indemnifying Party shall relieve the Indemnifying Party from any obligation hereunder unless (and then only to the extent that) the Indemnifying Party is prejudiced thereby.
Appears in 1 contract
