Common use of By MSS Clause in Contracts

By MSS. MSS agrees to defend, indemnify, and hold the University harmless from and against any and all third-party claims (other than claims for infringement of a third party's Intellectual Property Rights to the extent such claims fall within the provisions of Section 14 above), damages, actions, liabilities, costs and expenses arising out of or in connection with (i) any damage, including but not limited to damage to any property and personal injury or death, by whomever suffered arising out of or resulting from any negligent or willful act of MSS relating to the subject matter of this Agreement, and (ii) any breach or claimed breach of the warranties and representations set forth in Section 14.2 above.