Defense of Action. In case any action that is subject to indemnification under this Agreement shall be brought against an Indemnitee and it shall give written notice to the Indemnifying Party of the commencement thereof, the Indemnifying Party shall be entitled to participate and, if it so desires, to assume the defense with counsel of the Indemnifying Party’s choice, which counsel shall be reasonably satisfactory to such Indemnitee. After notice from the Indemnifying Party to the Indemnitee of its election to assume the defense, the Indemnifying Party shall not be liable to such Indemnitee for any fees of other counsel or any other expenses, in each case subsequently incurred by such Indemnitee in connection with the defense.
Appears in 3 contracts
Sources: Termination and License Agreement, Termination and License Agreement (Furiex Pharmaceuticals, Inc.), Termination and License Agreement (Pharmaceutical Product Development Inc)