Common use of Indemnification by INEX Clause in Contracts

Indemnification by INEX. INEX hereby agrees that it shall be responsible for, indemnify, hold harmless and defend Hana, its Representatives, and their respective heirs, successors and assigns (collectively, the “Hana Indemnitees”), from and against any and all Damages suffered or incurred by any Hana Indemnitee arising out of, relating to, resulting from or in connection with any Third Party claims arising out of or relating to: 12.2.1 the breach of any representation or warranty made by INEX herein; 12.2.2 the default by INEX in the performance or observance of any of its obligations to be performed or observed hereunder; and 12.2.3 the breach by INEX of any Regulatory Requirements, regulations and guidelines in connection with any Patents and Technology; The foregoing shall not apply to the extent that such Damages are due to: 12.2.4 the breach of any representation or warranty made by Hana herein; 12.2.5 the default by Hana in the performance or observance of any of its obligations to be performed or observed hereunder; 12.2.6 the breach by Hana of any Regulatory Requirements, regulations and guidelines in connection with any Product; and 12.2.7 any injury or death to any person or damage to any property caused by any Product provided by Hana or its Licensee or 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.

Indemnification by INEX. INEX hereby agrees that it shall be responsible for, indemnify, hold harmless and defend Hana, its Representatives, and their respective heirs, successors and assigns (collectively, the “Hana Indemnitees”), from and against any and all Damages suffered or incurred by any Hana Indemnitee arising out of, relating to, resulting from or in connection with any Third Party claims arising out of or relating to:: INFORMATION MARKED BY [***] HAS BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED PORTION HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION. 12.2.1 the breach of any representation or warranty made by INEX herein; 12.2.2 the default by INEX in the performance or observance of any of its obligations to be performed or observed hereunder; and 12.2.3 the breach by INEX of any Regulatory Requirements, regulations and guidelines in connection with any Patents and Technology; The foregoing shall not apply to the extent that such Damages are due to: 12.2.4 the breach of any representation or warranty made by Hana herein; 12.2.5 the default by Hana in the performance or observance of any of its obligations to be performed or observed hereunder; 12.2.6 the breach by Hana of any Regulatory Requirements, regulations and guidelines in connection with any Product; and 12.2.7 any injury or death to any person or damage to any property caused by any Product provided by Hana or its Licensee or 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.

Indemnification by INEX. INEX hereby agrees that it shall be responsible for, indemnify, hold harmless and defend Hana, its Representatives, and their respective heirs, successors and assigns (collectively, the “Hana Indemnitees”), from and against any and all Damages suffered or incurred by any Hana Indemnitee arising out of, relating to, resulting from or in connection with any Third Party claims arising out of or relating to: 12.2.1 the breach of any representation or warranty made by INEX herein; 12.2.2 the default by INEX in the performance or observance of any of its obligations to be performed or observed hereunder; and 12.2.3 the breach by INEX of any Regulatory Requirements, regulations and guidelines in connection with any Patents Licensed Patent and INEX Technology; The foregoing shall not apply to the extent that such Damages are due to: 12.2.4 the breach of any representation or warranty made by Hana herein; 12.2.5 the default by Hana in the performance or observance of any of its obligations to be performed or observed hereunder; 12.2.6 the breach by Hana of any Regulatory Requirements, regulations and guidelines in connection with any Product; and 12.2.7 any injury or death to any person or damage to any property caused by any Product provided by Hana or its Licensee or 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.