By Athersys. Subject to Section 10.3, Athersys shall indemnify, defend and hold harmless BMS and its directors, officers and employees (each a “BMS Indemnitee”) from and against any and all Liabilities resulting from a claim, suit or proceeding made or brought by a Third Party against a BMS Indemnitee arising from or occurring as a result of (i) any breach of the representations and warranties set forth in Section 8.1, or (ii) the performance (or failure to perform) by Athersys of its obligations hereunder.
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Samples: Line Collaboration and License Agreement (BTHC VI Inc), Line Collaboration and License Agreement (Athersys, Inc / New), Extended Collaboration and License Agreement (BTHC VI Inc)
By Athersys. Subject to Section 10.3, Athersys shall indemnify, defend and hold harmless BMS and its directors, officers and employees (each a “BMS Indemnitee”) from and against any and all Liabilities resulting from a claim, suit or proceeding made or brought by a Third Party against a BMS Indemnitee arising from or occurring as a result of (i) any breach of the representations and warranties set forth in Section 8.1, or (ii) the performance (or failure to perform) by Athersys of its obligations hereunder.
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