Common use of Costs of an Action Clause in Contracts

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement, the Controlling Party shall pay all costs associated with a Third Party Action, other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 2 contracts

Sources: Technology Transfer Agreement, Technology Transfer Agreement (Marinus Pharmaceuticals Inc)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement10, below, the Controlling Defending Party shall pay all costs associated with a Third Party Action, other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 2 contracts

Sources: Technology Transfer Agreement (Regado Biosciences Inc), Technology Transfer Agreement (Regado Biosciences Inc)

Costs of an Action. Subject to the respective indemnity indemnification obligations of the Parties set forth in Article 10 of this Agreement9, the Controlling Party shall pay all costs associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Sources: License Agreement (Sonnet BioTherapeutics Holdings, Inc.)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement9, the Controlling Party shall pay all costs associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a an Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Sources: License Agreement (Lpath, Inc)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement9, the Controlling Defending Party shall pay all costs associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a Third Party Action defended by (as provided in the other Partylast sentence of this paragraph). The non-Defending Party will be entitled to participate in the defense and/or settlement of any Third Party Action at its own expense with independent counsel of its own choice, at its own expense.

Appears in 1 contract

Sources: License Agreement (MEI Pharma, Inc.)

Costs of an Action. Subject to the respective indemnity obligations of of’ the Parties set forth in Article 10 of this AgreementARTICLE 9, the Controlling Party shall pay all costs associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such ActionThird Party Action (as provided in the last sentence of this paragraph). Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Sources: License Agreement (Checkmate Pharmaceuticals, Inc.)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this AgreementARTICLE 9, the Controlling Party shall pay all costs associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Sources: License Agreement (PDS Biotechnology Corp)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement11, the Controlling Party shall pay all costs associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such ActionThird Party Action (as provided in the last sentence of this paragraph). Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Sources: Exclusive License Agreement (Sutro Biopharma, Inc.)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement10, below, the Controlling Party shall pay all costs associated with a Third Party Action, other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Sources: Technology Transfer Agreement (Neothetics, Inc.)

Costs of an Action. Subject to the respective indemnity obligations of the Parties set forth in Article 10 of this Agreement9, the Controlling Party shall pay all costs associated with a such Third Party Action, Action other than the expenses of the other Party if the other Party elects to join such Action. Each Party shall have the right to join a Third Party Action defended by the other Party, at its own expense.

Appears in 1 contract

Sources: License Agreement (Vera Therapeutics, Inc.)