DIGIRAD Sample Clauses

DIGIRAD. DIGIRAD agrees to indemnify, defend and hold harmless USI and its officers, directors, stockholders, affiliates, employees and agents against any and all threatened or pending claims, actions, losses and damages of any kind (including all costs and expenses and reasonable attorneys' fees) arising in any manner out of any of DIGIRAD's activities contemplated by the Agreement and due to the extent of (a) the intentional wrong or negligence of DIGIRAD, (b) any defect in the Products existing at the time of delivery to end user, (c) DIGIRAD's breach of the terms hereof or (d) any claims by a third party that Products infringe upon intellectual property rights of such third party.
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DIGIRAD will issue MWC a warrant to purchase shares of DIGIRAD common stock at a per share exercise price of $*** Such warrant will be exercisable for an increasing number of shares of DIGIRAD common stock in the following amounts and under the following schedules: *** *** *** *** In the event that DIGIRAD is acquired by a third party whether by means of a merger, a sale of substantially all of its assets or the sale of more than 50% of its outstanding securities (each, an "Acquisition Event"), the warrant will be immediately exercisable in full for *** shares of DIGIRAD common stock upon the closing of the Acquisition Event.
DIGIRAD wishes to appoint USI, and USI wishes to accept such appointment as USI for all Products distributed. In consideration of the foregoing and the promises and covenants contained herein and other good and valuable consideration the receipt of which is hereby acknowledged, the parties hereto agree as follows:

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