Indemnification by Novartis. Novartis will indemnify, defend, and hold Infinity, and its Affiliates, and their respective employees, shareholders, officers and directors and the successors, heirs, and assigns of each of them, harmless against any Loss that may be brought, instituted or arise against or be incurred by such Persons to the extent such Loss results from a Third Party claim based on or arising out of: (a) the development, manufacture, use, sale, storage or handling of a Library Compound or Derivative Compound by Novartis or its Affiliates or their representatives, agents, licensees, sublicensees or subcontractors, or any actual or alleged violation of law resulting therefrom; or (b) the breach by Novartis of any of its covenants, representations or warranties set forth in this Agreement; (c) provided that the foregoing indemnification shall not apply to any Loss to the extent such Loss is caused by the negligent or willful misconduct of Infinity or its Affiliates or their representatives, agents, licensees, sublicensees or subcontractors.
Appears in 4 contracts
Samples: Collaboration and Option Agreement, Collaboration and Option Agreement (Infinity Pharmaceuticals, Inc.), Collaboration and Option Agreement (Discovery Partners International Inc)
