Common use of Indemnification by Tularik Clause in Contracts

Indemnification by Tularik. Subject to Section 9.2 below, Tularik hereby agrees to indemnify, hold harmless and defend Sumitomo against any and all expenses, costs or defense (including without limitation attorneys' fees, witness fees, damages, judgments, fines and amounts paid in settlement) and any amounts Sumitomo 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 Tularik or (ii) result from Tularik's activities under this Agreement, except insofar as the claim or claims arise out of the possession, manufacture, use, sale or administration of Preclinical Candidates or Products by Sumitomo or Sumitomo's Affiliates or sublicensees.

Indemnification by Tularik. Subject to Section 9.2 10.2 below, Tularik hereby agrees to indemnify, hold harmless and defend Sumitomo against any and all expenses, costs or defense (including without limitation attorneys' fees, witness fees, damages, judgments, fines and amounts paid in settlement) and any amounts Sumitomo 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 Tularik or (ii) result from Tularik's activities under this Agreement, except insofar as the claim or claims arise out of the possession, manufacture, use, sale or administration of Preclinical Candidates or Products by Sumitomo or Sumitomo's Affiliates or sublicensees.