Common use of Indemnification by Vendor Clause in Contracts

Indemnification by Vendor. Subject to the extent of any indemnification from Company pursuant to Section 16.3 hereof, Vendor shall indemnify and hold Company, its Affiliates, directors, officers, employees and agents harmless from and against any and all Damages, except to the extent such damages arise from the negligence or intentional wrongful actions of Company, arising directly or indirectly from: (a) Vendor's breach of or failure to comply with any of its obligations under this Agreement; (b) any inaccuracy in or breach or failure of any representation, warranty, or covenant made by Vendor in this Agreement; (c) any negligent or wrongful act or omission on the part of Vendor or its employees or agents; (d) Vendor's violation of or failure to comply with all applicable laws relating to the promotion, distribution and sale of the Products, including but not limited to the Act, the PDMA, the Medicare and Medicaid Anti-Kickback Act (42 U.S.C. Section 1320a-7b(a)), the Civil False Claims Act (31 U.S.C. Section 3729(a)), Sections 1128A, 1128B, and 1877 of the Social Security Act (42 U.S.C. Sections 1320a-7a, -7b, and 1395nn), the Health Care Fraud Act (18 U.S.C. Section 1347), and the Criminal False Claims Act (18 U.S.C. Section 287), as amended from time to time, as well as similar applicable state laws;

Indemnification by Vendor. Subject to the extent of any indemnification from Company pursuant to Section 16.3 hereof, Vendor shall indemnify and hold Company, its Affiliates, directors, officers, employees and agents harmless from and against any and all Damages, except to the extent such damages arise from the negligence or intentional wrongful actions of Company, arising directly or indirectly from: (a) Vendor's breach of or failure to comply with any of its obligations under this Agreement; (b) any inaccuracy in or breach or failure of any representation, warranty, or covenant made by Vendor in this Agreement; (c) any negligent or wrongful act or omission on the part of Vendor or its employees or agents; (d) Vendor's violation of or failure to comply with all applicable laws relating to the promotion, distribution and sale of the Productslaws, including but not limited to the Act, the PDMA, the Medicare and Medicaid Anti-Kickback Act (42 U.S.C. Section 1320a-7b(a)), the Civil False Claims Act (31 U.S.C. Section 3729(a)), Sections 1128A, 1128B, and 1877 of the Social Security Act (42 U.S.C. Sections 1320a-7a, -7b, and 1395nn), the Health Care Fraud Act (18 U.S.C. Section 1347), and the Criminal False Claims Act (18 U.S.C. Section 287), as amended from time to time, as well as similar applicable state laws;

Indemnification by Vendor. Subject to the extent of any indemnification from Company pursuant to Section 16.3 hereof, Vendor shall indemnify and hold Company, its Affiliates, directors, officers, employees and agents harmless from and against any and all Damages, except to the extent such damages arise from the negligence or intentional wrongful actions of Company, arising directly or indirectly from: (a) Vendor's ’s breach of or failure to comply with any of its obligations under this Agreement; (b) any inaccuracy in or breach or failure of any representation, warranty, or covenant made by Vendor in this Agreement; (c) any negligent or wrongful act or omission on the part of Vendor or its employees or agents; (d) Vendor's ’s violation of or failure to comply with all applicable laws relating to the promotion, distribution and sale of the Products, including but not limited to the Act, the PDMA, the Medicare and Medicaid Anti-Kickback Act (42 U.S.C. Section § 1320a-7b(a)), the Civil False Claims Act (31 U.S.C. Section § 3729(a)), Sections 1128A, 1128B, and 1877 of the Social Security Act (42 U.S.C. Sections §§ 1320a-7a, -7b, and 1395nn), the Health Care Fraud Act (18 U.S.C. Section § 1347), and the Criminal False Claims Act (18 U.S.C. Section § 287), as amended from time to time, as well as similar applicable state laws;