Common use of Control of Defense Clause in Contracts

Control of Defense. In the event a party seeks indemnification under Section 4.1 or Section 4.2, it shall inform the other party (the “Indemnifying Party”) of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no admission of fault), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.

Appears in 7 contracts

Sources: Services Agreement (Monte Rosa Therapeutics, Inc.), Services Agreement (Monte Rosa Therapeutics, Inc.), Management Services Agreement (Kura Oncology, Inc.)

Control of Defense. In the event a party seeks indemnification under Section 4.1 or Section 4.213.1, it shall inform the other party (the “Indemnifying Party”) of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no admission of faultconsideration), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.

Appears in 4 contracts

Sources: Development and License Agreement (Emisphere Technologies Inc), Development and License Agreement (Emisphere Technologies Inc), Development and License Agreement (Emisphere Technologies Inc)

Control of Defense. In the event a party seeks indemnification under Section 4.1 11.1 or Section 4.211.2, it shall inform the other party (the “Indemnifying Party”) of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no provided that such settlement does not involve any admission wrongdoing on the part of faultthe indemnified party), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.

Appears in 4 contracts

Sources: Master Agreement for Manufacturing Services (Artiva Biotherapeutics, Inc.), Master Agreement for Manufacturing Services (Artiva Biotherapeutics, Inc.), Master Agreement for Manufacturing Services (Artiva Biotherapeutics, Inc.)

Control of Defense. In the event a party seeks indemnification under Section 4.1 8.1 or Section 4.28.2, it shall inform the other party (the “Indemnifying Party”) of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no admission of fault)) at the Indemnifying Party’s expense, and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.

Appears in 3 contracts

Sources: Antibody Generation Agreement (Anaptysbio Inc), Antibody Generation Agreement (Anaptysbio Inc), Antibody Generation Agreement (Anaptysbio Inc)

Control of Defense. In the event a party seeks indemnification under Section 4.1 or Section 4.27.1, it shall inform the other party (the “Indemnifying Party”) of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no admission of faultconsideration), and shall cooperate as reasonably requested (at the expense of the Indemnifying Party) in the defense of the claim.

Appears in 3 contracts

Sources: Collaboration Agreement (Structure Therapeutics Inc.), Collaboration Agreement (Structure Therapeutics Inc.), Collaboration Agreement (ShouTi Inc.)

Control of Defense. In the event a party seeks indemnification under Section 4.1 or Section 4.212.1, it shall inform the other party (the "Indemnifying Party") of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no admission of faultconsideration), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.

Appears in 2 contracts

Sources: License Agreement (Cypress Bioscience Inc), License Agreement (Cypress Bioscience Inc)

Control of Defense. In the event a party seeks indemnification under Section 4.1 or Section 4.215.1, it shall inform the other party (the “Indemnifying Party”) of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no admission of fault), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.

Appears in 1 contract

Sources: License Agreement (Cypress Bioscience Inc)

Control of Defense. In the event a party (the “Indemnified Party”) seeks indemnification under Section 4.1 8.1 or Section 4.28.2, it shall inform the other party (the “Indemnifying Party”) of a claim as soon as reasonably practicable after it receives notice of the claimclaim (it being understood and agreed, however, that the failure by an Indemnified Party to give notice of a claim as provided in this Section 8.3 shall permit not relieve the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no admission of fault), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.its indemnification

Appears in 1 contract

Sources: Exclusive License Agreement (BioAtla, Inc.)

Control of Defense. In the event a party seeks indemnification under Section 4.1 or Section 4.211.1, it shall inform promptly notify the other party (the "Indemnifying Party") of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no admission of faultconsideration), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.

Appears in 1 contract

Sources: License Agreement (Bioenvision Inc)

Control of Defense. In the event a party Party seeks indemnification under Section 4.1 or Section 4.213.1, it shall inform the other party Party (the "Indemnifying Party") of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no admission of fault), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.

Appears in 1 contract

Sources: Collaborative Research, Development and License Agreement (Elitra Pharmaceuticals Inc)

Control of Defense. In the event a party seeks indemnification under Section 4.1 or Section 4.215.1, it shall inform the other party (the "Indemnifying Party") of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no admission of faultconsideration), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.

Appears in 1 contract

Sources: License and Collaboration Agreement (Cypress Bioscience Inc)

Control of Defense. In the event a party seeks indemnification under Section 4.1 12.1 or Section 4.212.2, it shall inform the other party (the “Indemnifying Party”) of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no admission of faultconsideration), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.

Appears in 1 contract

Sources: Master Agreement for Development, Manufacturing and Supply Services (JanOne Inc.)

Control of Defense. In the event a party seeks indemnification under Section 4.1 11.1 or Section 4.211.2, it shall inform the other party (the “Indemnifying Party”) of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no admission of faultconsideration), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.

Appears in 1 contract

Sources: Development and Commercialization License Agreement (Ardea Biosciences, Inc./De)

Control of Defense. In the event a party seeks indemnification under Section 4.1 or Section 4.213.1, it shall inform the other party (the “Indemnifying Party”"INDEMNIFYING PARTY") of a claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no admission of fault), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.for

Appears in 1 contract

Sources: Collaboration Agreement (Cubist Pharmaceuticals Inc)

Control of Defense. In the event a party seeks indemnification under Section 4.1 9.1 or Section 4.29.2, it shall inform the other party (the “Indemnifying Party”) of a claim Claim as soon as reasonably practicable after it receives notice of the claim, shall permit the Indemnifying Party to assume direction and control of the defense of the claim (including the right to settle the claim solely for monetary consideration with no admission of faultconsideration), and shall cooperate as requested (at the expense of the Indemnifying Party) in the defense of the claim.

Appears in 1 contract

Sources: Non Exclusive License Agreement (Celladon Corp)