Common use of By ENTREMED Clause in Contracts

By ENTREMED. ENTREMED will defend, indemnify and hold harmless CELGENE, its successors, AFFILIATES and licensors and their employees, agents, officers, trustees, shareholders and directors and each of them (the "CELGENE Indemnified Parties") from and against any and all THIRD PARTY claims, causes of action and costs (including reasonable attorney's fees) of any nature made or lawsuits or other proceedings filed or otherwise instituted against the CELGENE Indemnified Parties in connection with any claims, suits or judgments arising out of any theory of product liability concerning the development, testing, manufacture, sale or use of any PRODUCT by ENTREMED, its AFFILIATES or its SUBLICENSEES prior to the EFFECTIVE DATE. 9.2.1 ENTREMED's represents and warrants that it presently carries, in full force and effect, and will continue to carry, product liability insurance against any claims, judgments, liabilities and expenses incurred in connection with the use of THALIDOMIDE in clinical trials by or on behalf of ENTREMED, and shall provide CELGENE with written evidence of such insurance upon request.