Common use of Indemnification by Biovest Clause in Contracts

Indemnification by Biovest. Biovest shall defend, indemnify and hold Company and each of the Lenders and their respective officers, directors, employees and consultants harmless from and against any and all claims, suits or causes of action of Third Parties (collectively, “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 and its Affiliates’ and Sublicensees’ activities related to the Biovest Biologic Products contemplated under this Agreement, including, but not limited to, breach of the representations, warranties and obligations of Biovest hereunder. The foregoing indemnification shall not apply to any claims to the extent caused by the gross negligence or willful misconduct of Company.

Indemnification by Biovest. Biovest shall defend, indemnify and hold Company and each of the Lenders and their respective its officers, directors, employees and consultants harmless from and against any and all claims, suits or causes of action of Third Parties (collectively, “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 and its Affiliates’ and Sublicensees’ activities related to the Biovest Biologic Products contemplated under this Agreement, including, but not limited to, breach of the representations, warranties and obligations of Biovest hereunder. The foregoing indemnification shall not apply to any claims to the extent caused by the gross negligence or willful misconduct of Company.