Common use of Indemnification by Biovest Clause in Contracts

Indemnification by Biovest. Biovest shall defend, indemnify and hold Accentia, its officers, directors, employees and consultants harmless from and against any and all Third Party Claims for liability, damages, losses, costs and expenses (including the costs and expenses of attorneys and other professionals), at both trial and appellate levels, relating to Biovest’s activities related to Biovest Biologic Products contemplated under this Agreement, including, but not limited to, (a) breach of the representations, warranties and obligations of Biovest hereunder, or (b) any tax, duty, levy or government imposition on any sums payable by Biovest to Accentia hereunder. The foregoing indemnification shall not apply to any Claims to the extent caused by the gross negligence of Accentia.

Indemnification by Biovest. Biovest shall defend, indemnify and hold AccentiaAutovaxID, its officers, directors, employees and consultants harmless from and against any and all Third Party Claims for liability, damages, losses, costs and expenses (including the costs and expenses of attorneys and other professionals), at both trial and appellate levels, relating to Biovest’s activities related to Biovest Biologic Products contemplated under this Agreement, including, but not limited to, (a) breach of the representations, warranties and obligations of Biovest hereunder, or (b) any tax, duty, levy or government imposition on any sums payable by AutovaxID to Biovest to Accentia hereunder. The foregoing indemnification shall not apply to any Claims to the extent caused by the gross negligence or willful misconduct of AccentiaAutovaxID.

Indemnification by Biovest. Biovest shall defend, indemnify and hold AccentiaValens US, its officers, directors, employees and consultants harmless from and against any and all Third Party Claims for liability, damages, losses, costs and expenses (including the costs and expenses of attorneys and other professionals), at both trial and appellate levels, relating to Biovest’s activities related to Biovest Biologic Products contemplated under this Agreement, including, but not limited to, (a) breach of the representations, warranties and obligations of Biovest hereunder, or (b) any tax, duty, levy or government imposition on any sums payable by Biovest to Accentia Valens US hereunder. The foregoing indemnification shall not apply to any Claims to the extent caused by the gross negligence of AccentiaValens US.

Indemnification by Biovest. Biovest shall defend, indemnify and hold AccentiaValens Offshore, its officers, directors, employees and consultants harmless from and against any and all Third Party Claims for liability, damages, losses, costs and expenses (including the costs and expenses of attorneys and other professionals), at both trial and appellate levels, relating to Biovest’s activities related to Biovest Biologic Products contemplated under this Agreement, including, but not limited to, (a) breach of the representations, warranties and obligations of Biovest hereunder, or (b) any tax, duty, levy or government imposition on any sums payable by Biovest to Accentia Valens Offshore hereunder. The foregoing indemnification shall not apply to any Claims to the extent caused by the gross negligence of AccentiaValens Offshore.