Avid Bioservices Inc (CDMO)

[geocappy1]

Not sure you are clear on the hold harmless clause. The partner would not be paying an attorney anything regarding the hold harmless clause against the CA lawsuit. It would be pphm's responsibility and they would continue to fight the CA lawsuit including an attempt to bring the partner into the CA. That is exactly the meaning of the hold harmless provision.

Now if the would-be partner is worried that pphm will not fight the case or is going bankrupt or whatever, they probably wouldn't want to be going into business with them anyway.

Obviously, the one caveat for the partner is if they think the CA is so valid that they are concerned a victory by the plaintiff might be for such a large sum as to prevent pphm from performing. I highly doubt this is the case.