Common use of Indemnification by Molecular Insight Pharmaceuticals Clause in Contracts

Indemnification by Molecular Insight Pharmaceuticals. Molecular Insight Pharmaceuticals agrees to indemnify, defend and hold Nordion and its Affiliates and their respective directors, officers, employees and agents, harmless from and against any damages, claims, liabilities and expenses (including, but not limited to, reasonable attorney's fees) resulting from any third party claims or suits ("General Claims Against Nordion") arising out of (a) Molecular Insight Pharmaceuticals' or a third party's use, handling or shipment of Reference Standards, Precursor or BMIPP, (b) Molecular Insight Pharmaceuticals' breach of any of its obligations, warranties or representations hereunder, or (c) Molecular Insight Pharmaceuticals' negligent acts or omissions or willful misconduct. Notwithstanding the foregoing, Molecular Insight Pharmaceuticals will not be required to indemnify, defend and hold Nordion and its Affiliates and their respective directors, officers, employees and agents harmless from and against any General Claims Against Nordion to the extent that such claims arise out of (i) Nordion's breach of any of its obligations, warranties or representations hereunder; (ii) Nordion's negligent acts or omissions or willful misconduct; (iii) any failure of Nordion to manufacture, handle, store, label, package, transport or ship BMIPP in accordance with this Agreement, cGMPs or any other applicable laws, rules, regulations or other requirements of any applicable governmental entity; or (iv) any failure of Nordion to manufacture BMIPP consistent with the Specifications and requirements set forth herein or with the applicable sections of Molecular Insight Pharmaceuticals' IND in the United States. Notwithstanding anything in this Section 11.1, "General Claims Against Nordion" shall not include "IP Claims Against Nordion" as described in Section 11.3.

Indemnification by Molecular Insight Pharmaceuticals. Molecular Insight Pharmaceuticals agrees to indemnify, defend and hold Nordion and its Affiliates and their respective directors, officers, employees and agents, harmless from and against any damages, claims, liabilities and expenses (including, but not limited to, reasonable attorney's ’s fees) resulting from any third party claims or suits ("“General Claims Against Nordion"”) arising out of (a) Molecular Insight Pharmaceuticals' ’ or a third party's ’s use, handling or shipment shipping of Reference Standards, Precursor or BMIPPAzedra (including in the event that Nordion makes shipping arrangements on behalf of Molecular Insight Pharmaceuticals), (b) Molecular Insight Pharmaceuticals' ’ breach of any of its material obligations, warranties or representations hereunder, or (c) Molecular Insight Pharmaceuticals' ’ negligent acts or omissions or willful misconduct, or (d) failure of the Reference Standards or Precursor to meet applicable specification. Notwithstanding the foregoing, Molecular Insight Pharmaceuticals will not be required to indemnify, defend and hold Nordion and its Affiliates and their respective directors, officers, employees and agents harmless from and against any General Claims Against Nordion to the extent that such claims arise out of (i) Nordion's ’s breach of any of its obligations, warranties or representations hereunder; (ii) Nordion's ’s negligent acts or omissions or willful misconduct; (iii) any failure of Nordion to manufactureManufacture, handle, store, label, package, transport (except to the extent labels and/or content thereof are provided by Molecular Insight Pharmaceuticals) or ship BMIPP prepare for shipment Azedra in accordance with this Agreement, cGMPs or any other applicable laws, rules, regulations or other requirements of any applicable governmental entity; or (iv) any failure of Nordion to manufacture BMIPP Manufacture Azedra consistent with the Specifications and requirements set forth herein or with the applicable sections of Molecular Insight Pharmaceuticals' IND in the United Statesherein. Notwithstanding anything in this Section 11.1section 13.1, "“General Claims Against Nordion" ” shall not include "“IP Claims Against Nordion" ” as described in Section 11.3section 13.3.

Indemnification by Molecular Insight Pharmaceuticals. Molecular Insight Pharmaceuticals agrees to indemnify, defend and hold Nordion and its Affiliates and their respective directors, officers, employees and agents, harmless from and against any damages, claims, liabilities and expenses (including, but not limited to, reasonable attorney's fees) resulting from any third party claims or suits ("General Claims Against Nordion") arising out of (a) Molecular Insight Pharmaceuticals' or a third party's use, handling or shipment shipping of Reference Standards, Precursor Precursor, Excipients or BMIPPBMIPP (including in the event that Nordion makes shipping arrangements on behalf of Molecular Insight Pharmaceuticals), (b) Molecular Insight Pharmaceuticals' breach of any of its material obligations, warranties or representations hereunder, or (c) Molecular Insight Pharmaceuticals' negligent acts or omissions or willful misconduct. Notwithstanding the foregoing, Molecular Insight Pharmaceuticals will not be required to indemnify, defend and hold Nordion and its Affiliates and their respective directors, officers, employees and agents harmless from and against any General Claims Against Nordion to the extent that such claims arise out of (i) Nordion's breach of any of its obligations, warranties or representations hereunder; (ii) Nordion's negligent acts or omissions or willful misconduct; (iii) any failure of Nordion to manufacture, handle, store, label, package, transport or ship prepare for shipment BMIPP in accordance with this Agreement, cGMPs or any other applicable laws, rules, regulations or other requirements of any applicable governmental entity; or (iv) any failure of Nordion to manufacture BMIPP consistent with the Specifications and requirements set forth herein or with the applicable sections of Molecular Insight Pharmaceuticals' IND in the United Statesherein. Notwithstanding anything in this Section 11.1section 10.1, "General Claims Against Nordion" shall not include "IP Claims Against Nordion" as described in Section 11.3.