Mutual Provisions. Each party's indemnity obligations are subject to the following: (i) the aggrieved party shall promptly notify the indemnifier in writing of the Claim; (ii) the indemnifier shall have sole control of the defense and all related settlement negotiations with respect to the Claim (provided that the indemnifier may not settle or defend any Claim unless it unconditionally releases the aggrieved party of all liability); and (iii) the aggrieved party shall cooperate fully to the extent necessary, and execute all documents necessary for the defense of such Claim.
Mutual Provisions. Each Party shall have the right to redact any information disclosed to the other Party pursuant to this Section 9.3 (Defense and Settlement of Third Party Claims) relating to any product other than the Product.
Mutual Provisions. IT IS MUTUALLY AGREED:
Mutual Provisions. In both enforcement and defense actions the following shall apply:
Mutual Provisions. Nothing contained in Sections 5.1(a) or 5.1(b) shall impair or otherwise affect any right of any Party, and as applicable, a member of the Party’s Group to enforce this Agreement, the Merger Agreement or any Ancillary Agreement. In addition, nothing contained in Sections 5.1(a) or 5.1(b) shall release any person from:
Mutual Provisions. The parties acknowledge and agree that:
Mutual Provisions. Each Party's indemnity obligations in this Article 11 are subject to the following: (i) the aggrieved Party shall promptly notify the indemnifier in writing of the Claim;
Mutual Provisions. Each Party’s indemnity obligations in this Article 6 are subject to the following:
Mutual Provisions. Click to read annotation Subject to other provisions of this Agreement, if the laws of one Party make eligibility for benefits conditional on having accrued periods of coverage, the competent institution of that Party shall take into account periods of coverage accumulated under the laws of the other Party, unless such periods of coverage overlap. Click to read annotation Events that affect entitlement, reduction, suspension or benefit amount which occur in the territory of one Party shall be taken into account as if they had taken place in the territory of the other Party. Click to read annotation To award a disability benefit, the competent institution of each Party will determine disability, and, as regards the Republic of Poland, the degree of disability, according to the laws administered by that competent institution. Click to read annotation
Mutual Provisions. This Agreement will remain in effect from the Effective Date (hereinafter the “Term”) and shall terminate on December 31, 2015 unless terminated earlier as provided herein. EACH PARTY’S SIGNATURE BELOW ACKNOWLEDGES THAT SUCH PARTY HAS READ AND UNDERSTANDS EACH OF THE TERMS AND CONDITIONS OF THE MASTER AGREEMENT AND AGREES TO BE BOUND BY THEM. FEDERAL EXPRESS CORPORATION CRYOPORT, INC. BY: /s/ Xxxxxxx X. Xxxxxxxx BY: /s/ Xxxxxx Xxxxxxxxxxx NAME: Xxxxxxx X. Xxxxxxxx NAME: Xxxxxx Xxxxxxxxxxx TITLE: Vice President TITLE: Chief Financial Officer SECTION I TRANSPORTATION AND LEASE AGREEMENT THIS TRANSPORTATION AND LEASE AGREEMENT (this “Agreement”) is entered into between CRYOPORT, INC., a Nevada corporation (“CryoPort”), having a place of business at 00000 Xxxxxxx Xxx Xxxxxx, Xxxx Xxxxxx, Xxxxxxxxxx 00000, and FEDERAL EXPRESS CORPORATION, a Delaware corporation (“FedEx”), having a place of business at 0000 Xxxxx Xxxxx Xxxx, Xxxxxxx, Xxxxxxxxx 00000, with respect to the following facts:
