Indemnification by INFAR Sample Clauses

Indemnification by INFAR. Subject to Sections 8.1 and 8.2, INFAR agrees to defend, indemnify and hold AXCAN, its officers, employees and agents harmless against any and all losses, damages, costs, claims, demands, judgments and liability to, from and in favour of third parties (other than Affiliates) resulting from, or relating to any claim of infringement or alleged infringement of any Third Party Rights in respect of the API, and any claim of personal injury or any damage to the extent that such injury or damage is the result of a breach of INFAR’s representation and warranties contained herein or a failure by INFAR to provide the API in accordance with this Agreement, [*] Confidential treatment requested. except to the extent that any such losses, damages, costs, claims, demands, judgments and liability are due to the negligence or wrongful act(s) of AXCAN, its officers, employees or agents or Affiliates or a breach by AXCAN of its obligations under this Agreement. In the event of a claim, AXCAN shall: (a) promptly notify INFAR of any such claim; (b) use commercially reasonable efforts to mitigate the effects of such claim; and (c) reasonably cooperate with INFAR in the defence of such claim.