Indemnification by Hana. Hana hereby agrees that it shall be responsible for, indemnify, hold harmless and, defend INEX, its Representatives and their respective heirs, successors and assigns (collectively, the “INEX Indemnitees”), from and against any and all Damages suffered or incurred by any INEX Indemnitee arising out of, relating to, resulting from or in connection with any Third Party claims arising out of or relating to: 12.1.1 the breach of any representation or warranty made by Hana herein; 12.1.2 the default by Hana in the performance or observance of any of its obligations to be performed or observed hereunder; 12.1.3 the breach by Hana of any Regulatory Requirements, regulations and guidelines in connection with any Product; 12.1.4 any complaint alleging infringement or violation of any patent or other proprietary rights is made against INEX or its Affiliates with respect to Hana’s Manufacture, use or sale of a Product; and 12.1.5 any injury or death to any Person or damage to any property caused by any Product provided by Hana or a Licensee or Sublicensee, whether claimed by reason of breach of warranty, negligence, product defect or otherwise, and regardless of the form in which any such claim is made. The foregoing shall not apply to the extent that such Damages are due to: 12.1.6 the breach of any representation or warranty made by INEX herein; 12.1.7 the default by INEX in the performance or observance of any of its obligations to be performed or observed hereunder; and 12.1.8 the breach by INEX of any Regulatory Requirements, regulations and guidelines in connection with any Patents and Technology.
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Samples: License Agreement, License Agreement (TEKMIRA PHARMACEUTICALS Corp), License Agreement (Tekmira Pharmaceuticals Corp)
Indemnification by Hana. Hana hereby agrees that it shall be responsible for, indemnify, hold harmless and, and defend INEX, its Representatives and their respective heirs, successors and assigns (collectively, the “INEX Indemnitees”), from and against any and all Damages suffered or incurred by any INEX Indemnitee arising out of, relating to, resulting from or in connection with any Third Party claims arising out of or relating to:
12.1.1 the breach of any representation or warranty made by Hana herein;
12.1.2 the default by Hana in the performance or observance of any of its obligations to be performed or observed hereunder;
12.1.3 the breach by Hana of any Regulatory Requirements, regulations and guidelines in connection with any Product;
12.1.4 any complaint alleging infringement or violation of any patent or other proprietary rights is made against INEX or its Affiliates with respect to Hana’s Manufacture, use or sale of a Product; and
12.1.5 any injury or death to any Person or damage to any property caused by any Product provided by Hana or a Licensee or Sublicensee, whether claimed by reason of breach of warranty, negligence, product defect or otherwise, and regardless of the form in which any such claim is made. The foregoing shall not apply to the extent that such Damages are due to:
12.1.6 the breach of any representation or warranty made by INEX herein;
12.1.7 the default by INEX in the performance or observance of any of its obligations to be performed or observed hereunder; and
12.1.8 the breach by INEX of any Regulatory Requirements, regulations and guidelines in connection with any Patents and Technology.
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Indemnification by Hana. In addition to Hana’s obligations set forth in Section 8.1(a), Hana hereby agrees that it shall be responsible for, indemnify, hold harmless and, and defend INEX, its Representatives and their respective heirs, successors and assigns (collectively, the “INEX Indemnitees”), from and against any and all Damages suffered or incurred by any INEX Indemnitee arising out of, relating to, resulting from or in connection with any Third Party claims arising out of or relating to:
12.1.1 (a) the breach of any representation or warranty made by Hana herein;
12.1.2 (b) the default by Hana in the performance or observance of any of its obligations to be performed or observed hereunder;
12.1.3 (c) the breach by Hana Hana, or its Sublicensees, of any Regulatory Requirements, regulations and guidelines in connection with any Product;
12.1.4 (d) any complaint alleging infringement or violation of any patent or other proprietary rights is made against INEX or its Affiliates with respect to Hana’s Manufacture, use or sale of a Product; and
12.1.5 (e) any injury or death to any Person or damage to any property caused by any Product provided by Hana or a Licensee or Sublicenseeits Sublicensees, whether claimed by reason of breach of warranty, negligence, product defect or otherwise, and regardless of the form in which any such claim is made. The foregoing shall not apply to the extent that such Damages are due to:
12.1.6 (f) the breach of any representation or warranty made by INEX herein;
12.1.7 (g) the default by INEX in the performance or observance of any of its obligations to be performed or observed hereunder; and
12.1.8 (h) the breach by INEX of any Regulatory Requirements, regulations and guidelines in connection with any Patents and Technology.
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Indemnification by Hana. Hana hereby agrees that it shall be responsible for, indemnify, hold harmless and, and defend INEX, its Representatives and their respective heirs, successors and assigns (collectively, the “INEX Indemnitees”), from and against any and all Damages suffered or incurred by any INEX Indemnitee arising out of, relating to, resulting from or in connection with any Third Party claims arising out of or relating to:
12.1.1 the breach of any representation or warranty made by Hana herein;
12.1.2 the default by Hana in the performance or observance of any of its obligations to be performed or observed hereunder;
12.1.3 the breach by Hana of any Regulatory Requirements, regulations and guidelines in connection with any Product;
12.1.4 any complaint alleging infringement or violation of any patent or other proprietary rights is made against INEX or its Affiliates with respect to Hana’s Manufacture, use or sale of a Product; and
12.1.5 any injury or death to any Person or damage to any property caused by any Product provided by Hana or a Licensee or Sublicensee, whether claimed by reason of breach of warranty, negligence, product defect or otherwise, and regardless of the form in which any such claim is made. The foregoing shall not apply to the extent that such Damages are due to:
12.1.6 the breach of any representation or warranty made by INEX herein;
12.1.7 the default by INEX in the performance or observance of any of its obligations to be performed or observed hereunder; and
12.1.8 the breach by INEX of any Regulatory Requirements, regulations and guidelines in connection with any Patents Licensed Patent and INEX Technology.
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