Common use of By Sponsor Clause in Contracts

By Sponsor. Sponsor shall indemnify, defend, and hold harmless Institution and Research Personnel (collectively, the “Institution Indemnitees”) from and against any and all liabilities, damages, losses, claims, or expenses, including court costs and reasonable attorneys’ fees (“Losses”) resulting from any third party claims, actions or proceedings, including claims seeking compensation for bodily injury or death of any Study subject enrolled in the Study to the extent that such injury or death was directly caused by the Study Drug, and provided that the Study Drug was used in accordance with the Protocol and this Agreement, but solely to the extent that such Losses do not arise out of or in connection with any Institution Indemnitee’s (a) wrongful or negligent actions or omissions, or willful misconduct or other misuse of the Study Drug; (b) failure to follow any applicable federal, state or local laws, regulations and guidelines, or to conform to reasonable and prudent clinical practices, including GCPs as applicable to drug studies; (c) failure to follow the Protocol, instructions, or other information provided by or on behalf of Sponsor to the Institution Indemnitees; (d) any case in which written informed consent of the Study subject was not obtained (e) Study subject’s underlying or preexisting conditions or prior treatment for the underlying or preexisting condition.

By Sponsor. Sponsor shall indemnify, defend, and hold harmless Institution Service Provider and Research Personnel (collectively, the “Institution Service Provider Indemnitees”) from and against any and all liabilities, damages, losses, claims, or expenses, including court costs and reasonable attorneys’ fees (“Losses”) resulting from any third party claims, actions or proceedings, including claims seeking compensation for bodily injury or death of any Study subject Subject enrolled in the Study to the extent that such injury or death was directly caused by the Study Drug, and provided that the Study Drug was used in accordance with the Protocol and this Agreement, but solely to the extent that such Losses do not arise out of or in connection with any Institution Service Provider Indemnitee’s (a) wrongful or negligent actions or omissions, or willful misconduct or other misuse of the Study Drug; (b) failure to follow any applicable federal, state or local laws, regulations and guidelines, or to conform to reasonable and prudent clinical practices, including GCPs as applicable to drug studies; (c) failure to follow the Protocol, instructions, or other information provided by or on behalf of Sponsor to the Institution Service Provider Indemnitees; (d) any case in which written informed consent of the Study subject Subject was not obtained (e) Study subjectSubject’s underlying or preexisting conditions or prior treatment for the underlying or preexisting condition.

By Sponsor. Sponsor shall indemnify, defend, and hold harmless Institution and Research Personnel (collectively, the “Institution Indemnitees”) from and against any and all liabilities, damages, losses, claims, or expenses, including court costs and reasonable attorneys’ fees (“Losses”) resulting from any third party claims, actions or proceedings, including claims seeking compensation for bodily injury or death of any Study subject enrolled in the Study to the extent that such injury or death was directly caused by the Study Drug, and provided that the Study Drug was used in accordance with the Protocol and this Agreement, but solely to the extent that such Losses do not arise out of or in connection with any Institution Indemnitee’s (a) wrongful or negligent actions or omissions, or willful misconduct or other misuse of the Study Drug; (b) failure to follow any applicable federal, state or local laws, regulations and guidelines, or to conform to reasonable and prudent clinical practices, including GCPs as applicable to drug studies; (c) failure to follow the Protocol, instructions, or other information provided by or on behalf of Sponsor to the Institution Indemnitees; (d) any case in which written informed consent of the Study subject was not obtained (e) Study subject’s underlying or preexisting conditions or prior treatment for the underlying or preexisting condition.