Common use of Indemnification for Acts by Subcontractors Clause in Contracts

Indemnification for Acts by Subcontractors. To the extent that the Member uses personnel of its Affiliates or utilizes Third Parties as a subcontractor to provide Research Services hereunder, the Member shall be responsible for the acts and omissions of such Affiliate personnel and Third Parties only to the extent provided in Paragraph 8.1 hereof for LLC and in Paragraph 8.2 hereof for the LLC Indemnities, and no Member Affiliate or Third Party shall have any liability to any the LLC Indemnitee on account of any Damages suffered by any the LLC Indemnitee arising out of this Research Services Agreement, whether or not such Damages were caused by their negligence and/or gross negligence, including their sole negligence and/or sole gross negligence, or their willful, intentional misconduct. Nothing contained herein shall require the Member to institute any litigation or other proceeding against such Third Party.