Indemnification by DPT. DPT agrees to defend, indemnify and hold harmless COMPANY, its employees, officers, directors and representatives from and against any third-party claims, losses, damages or expenses, including reasonable attorneys’ fees paid or incurred by any of them (collectively, “Claims”) up to the extent of insurance coverage as required under Section 9.2 and arising out of:
Appears in 5 contracts
Samples: Development and Clinical Supply Agreement, Development and Clinical Supply Agreement (Peplin Inc), Development and Clinical Supply Agreement (Peplin Inc)
Indemnification by DPT. DPT agrees to defend, shall indemnify and hold COMPANY harmless COMPANY, its employees, officers, directors and representatives from and against any third-party claims, lossesall costs, damages or expenses, and expense (including reasonable attorneys’ fees paid or incurred by any of them (collectively, “Claims”attorney’s fees) up to the extent of insurance coverage as required under Section 9.2 and arising out of:of any suit or action brought against COMPANY based upon a claim that any process or technical data furnished or utilized by DPT infringes any patent or other proprietary rights.
Appears in 1 contract
Samples: Agreement (Barrier Therapeutics Inc)
Indemnification by DPT. DPT agrees to will indemnify, defend, indemnify and hold COMPANY harmless COMPANYagainst any and all liability, its employeesdamage, officersloss, directors and representatives cost, or expense (including reasonable attorney’s fees) resulting from and against any third-party claimsclaims made or suits brought against COMPANY which arise from DPT’s willful malfeasance, losses, damages breach of its warranties provided for herein or expenses, including reasonable attorneys’ fees paid or incurred by any other material breach of them (collectively, “Claims”) up to the extent of insurance coverage as required under Section 9.2 and arising out of:this Agreement.
Appears in 1 contract
Samples: Manufacturing Agreement (Auxilium Pharmaceuticals Inc)
Indemnification by DPT. DPT agrees to will indemnify, defend, indemnify and hold COMPANY harmless COMPANY, its employees, officers, directors and representatives from and against any third-party claimsand all liability, lossesdamage, damages loss, cost, or expenses, expense (including reasonable attorneys’ fees paid attorney’s fees) resulting from any third party claims made or incurred by suits brought against COMPANY which arise from DPT’s willful malfeasance, breach of its warranties provided for herein or any other material breach of them (collectively, “Claims”) up to the extent of insurance coverage as required under Section 9.2 and arising out of:this Agreement.
Appears in 1 contract
Indemnification by DPT. DPT agrees to defend, indemnify and hold harmless COMPANY, its employees, officers, directors and representatives from and against for any third-third party claims, losseslosses or damages, damages or expenses, (including reasonable attorneys’ attorney’s fees paid or incurred by any of them (collectively, “Claims”them) arising out of DPTs failure to comply with its obligations under this Agreement and/or the Protocol(s) up to the extent amount of insurance coverage as required under Section 9.2 and arising out of:detailed in Paragraph 11.2.
Appears in 1 contract
Samples: Development Services Agreement (Dipexium Pharmaceuticals, LLC)