Client Indemnification. Client shall indemnify, defend and hold harmless Bxxxxx and its Affiliates and any of their respective directors, officers, employees, subcontractors and agents (collectively the “Indemnified Bxxxxx Parties”) from and against any and all liabilities, obligations, penalties, claims, judgments, demands, actions, disbursements of any kind and nature, suits, losses, damages, costs and expenses (including, without limitation, reasonable attorney’s fees) arising out of or in connection with property damage or personal injury (including without limitation death) of third parties (collectively, the “Claims”) including without limitation Claims allegedly resulting from the negligent acts or omission of the Indemnified Bxxxxx Parties or for acts or omissions for which the Indemnified Bxxxxx Parties otherwise would be strictly liable, in connection with (a) Client’s transport, storage, promotion, labeling, marketing, distribution, use or sale of Product, (b) Client’s negligence or willful misconduct, (c) Client’s breach of its representations or warranties under this Agreement, or (d) any claim that the use, sale, Production (except Claims solely resulting from Bxxxxx’x use of Bxxxxx SOP’s in the Production), marketing or distribution of Product by Bxxxxx or Client violates the patent, trademark, copyright or other proprietary rights of any third party, except as provided in Section 14.2.
Appears in 2 contracts
Samples: Commercial Manufacturing and Supply Agreement (Oasmia Pharmaceutical AB), Commercial Manufacturing and Supply Agreement (Oasmia Pharmaceutical AB)
Client Indemnification. Client CLIENT shall indemnify, defend and hold harmless Bxxxxx AXXXXX and its Affiliates Affiliates, and any of their respective directors, officers, employees, subcontractors and agents (collectively the “Indemnified Bxxxxx Parties”) from and against any and all liabilities, obligations, penalties, claims, judgments, demands, actions, disbursements of any kind and nature, suits, losses, damages, costs and expenses (including, without limitation, reasonable attorney’s fees) arising out of or in connection with property damage or personal injury (including without limitation death) of third parties (collectively, the collectively “Claims”) including without limitation Claims allegedly resulting from in whole or in part by the negligent acts or omission of the Indemnified Bxxxxx Parties or for acts or omissions for which the Indemnified Bxxxxx Parties otherwise would be strictly liable, in connection with (a) ClientCLIENT’s transport, storage, promotion, labeling, marketing, distribution, use or sale of Bulk Drug Substance or Drug Product, (b) ClientCLIENT’s negligence or willful misconduct, (c) ClientCLIENT’s breach of its representations or warranties under this Agreement, or (d) any claim that the use, sale, Production (except Claims solely resulting from Bxxxxx’x use of Bxxxxx SOP’s in the Production), marketing or distribution of Bulk Drug Substance or Drug Product by Bxxxxx AXXXXX or Client CLIENT violates the patent, trademark, copyright or other proprietary rights of any third party, except as provided in Section 14.2to the extent any of the foregoing (a) or (d) is caused solely by the negligence or willful misconduct of the Indemnified Parties or solely by the breach by AXXXXX of its obligations under this Agreement.
Appears in 1 contract
Samples: Drug Product Development and Clinical Supply Agreement (Bio-Path Holdings Inc)
Client Indemnification. Client shall indemnify, defend and hold harmless Bxxxxx Xxxxxx and its Affiliates and any of their respective directors, officers, employees, subcontractors and agents (collectively the “Indemnified Bxxxxx Xxxxxx Parties”) from and against any and all liabilities, obligations, penalties, claims, judgments, demands, actions, disbursements of any kind and nature, suits, losses, damages, costs and expenses (including, without limitation, reasonable attorney’s fees) arising out of or in connection with property damage or personal injury (including without limitation death) of third parties (collectively, the “Claims”) including without limitation Claims allegedly resulting from the negligent acts or omission of the Indemnified Bxxxxx Baxter Parties or for acts or omissions for which the Indemnified Bxxxxx Baxter Parties otherwise would be strictly liable, in connection with (a) Client’s transport, storage, promotion, labeling, marketing, distribution, use or sale of Product, (b) Client’s negligence or willful misconduct, (c) Client’s breach of its representations or warranties under this Agreement, or (d) any claim that the use, sale, Production (except Claims solely resulting from Bxxxxx’x Xxxxxx’x use of Bxxxxx Baxter SOP’s in the Production), marketing or distribution of Product by Bxxxxx Baxter or Client violates the patent, trademark, copyright or other proprietary rights of any third party, except as provided in Section 14.2.
Appears in 1 contract
Samples: Master Manufacturing and Supply Agreement (Oasmia Pharmaceutical AB)
Client Indemnification. Client shall indemnify, defend and hold harmless Bxxxxx and its Affiliates and any of their respective directors, officers, employees, subcontractors and agents (collectively the “Indemnified Bxxxxx Parties”) from and against any and all liabilities, obligations, penalties, claims, judgments, demands, actions, disbursements of any kind and nature, suits, losses, damages, costs and expenses (including, without limitation, reasonable attorney’s fees) arising out of or in connection with property damage or personal injury (including without limitation death) of third parties (collectively, the “Claims”) including without limitation Claims allegedly resulting from the negligent acts or omission of the Indemnified Bxxxxx Baxter Parties or for acts or omissions for which the Indemnified Bxxxxx Baxter Parties otherwise would be strictly liable, in connection with (a) Client’s transport, storage, promotion, labeling, marketing, distribution, use or sale of Product, (b) Client’s negligence or willful misconduct, (c) Client’s breach of its representations or warranties under this Agreement, or (d) any claim that the use, sale, Production (except Claims solely resulting from Bxxxxx’x use of Bxxxxx Baxter SOP’s in the Production), marketing or distribution of Product by Bxxxxx Baxter or Client violates the patent, trademark, copyright or other proprietary rights of any third party, except as provided in Section 14.2.
Appears in 1 contract
Samples: Master Manufacturing and Supply Agreement (Oasmia Pharmaceutical AB)