Common use of Indemnification by Sumitomo Clause in Contracts

Indemnification by Sumitomo. Sumitomo hereby agrees to indemnify, hold harmless and defend Tularik against any and all expenses, costs of defense (including without limitation attorneys' fees, witness fees, damages, judgments, fines and amounts paid in settlement) and any amounts Tularik becomes legally obligated to pay because of any claim or claims against it to the extent that such claim or claims (i) are due to the neglect or negligence of Sumitomo or (ii) result from Sumitomo's activities under this Agreement, except insofar as the claim or claims arise out of the possession, manufacture, use, sale or administration of the Preclinical Candidates or Products by Tularik or Tularik's Affiliates or sublicensees.

Indemnification by Sumitomo. Sumitomo hereby agrees to indemnify, hold harmless and defend Tularik against any and all expenses, costs of defense (including without limitation attorneys' fees, witness fees, damages, judgments, fines and amounts paid in settlement) and any amounts Tularik becomes legally obligated to pay because of any claim or claims against it to the extent that such claim or claims (i) are due to the neglect or negligence of Sumitomo or (ii) result from Sumitomo's activities under this Agreement, except insofar as the claim or claims arise out of the possession, manufacture, use, sale or administration of the Preclinical Candidates or Products by Tularik or Tularik's Affiliates or sublicensees.