Common use of Indemnification by Facet Clause in Contracts

Indemnification by Facet. Facet shall hold harmless and ------------------------ indemnify TheraSense, its directors, officers, agents, and employees, from any and all third party claims, suits, losses and expenses, including attorneys' fees, provided that any such claim, suit, loss or expense is attributable to bodily injury, sickness, disease, or death, or injury to property which is caused by Facet's failure to comply with federal, state or local law including but not limited to the Civil Rights Act of 1964, 42 U.S.C. (S) 2000e et. seq. ("Title VII"), the Age Discrimination in Employment Act, 29 U.S.C. (S) 621 et. seq., the American with Disabilities Act, the Civil Rights Act of 1966, the Civil Rights Act of 1991, Executive Order 11246, as amended, and any other statute, regulation or ordinance prohibiting illegal discrimination or retaliation. Except as otherwise provided in this Agreement, Facet shall defend, indemnify and hold harmless TheraSense, its directors, officers, *** Confidential Treatment Requested employees, and agents from and against any and all claims, injuries, liabilities, judgments, and damages, including but not limited to property damage, personal injury and death, including all reasonable costs and expenses (including, without limitation, reasonable attorneys' fees), as a result, whether direct or indirect, of any injury or damage to a third party caused or alleged to be caused solely on account of Facet's failure to meet manufacturing workmanship Specifications. Notwithstanding the foregoing, Facet shall not be required to defend any claim based upon: the use of the Product by TheraSense as part of any procedure or in testing or experimenting other than with the prior written agreement of Facet.