Indemnification for Product Liability. The Distributor ------------------------------------- agrees to indemnify and hold harmless the Supplier and its Affiliates and their respective officers, directors, employees and agents (each such person being a "Distributor Indemnified Person") from and against any losses, claims, damages ------------------------------- or liabilities not subject to the Policy and to reimburse each Distributor Indemnified Person for all expenses (including reasonable fees and expenses of counsel) not subject to the Policy as they are incurred, related to, arising out of or in connection with defending any action, claim, suit, investigation or proceeding in which a Person claims or alleges that the claims made beyond those in the Market Development Program, or the training, service or repair undertaken, by the Distributor, or such Subdistributor, with respect to the Products has caused such Person to sustain any personal injury, property damage, wrongful death or any other tortious harm.
Indemnification for Product Liability. CFT shall, at its expense, defend and indemnify TGC and its officers, directors, agents and employees harmless for damages and reasonable expenses (including attorneys' fees) related to any suits or claims by a third party brought against TGC alleging that the Clotalyst sold pursuant to this Agreement resulted in death or injury to a patient based, whether based upon a theory of product liability, warranty, defective product, or otherwise. TGC shall, at its expense, defend and indemnify CFT and its officers, directors, agents and employees harmless for damages and reasonable expenses (including attorneys' fees) related to any suits or claims by a third party brought against CFT alleging that the Products sold pursuant to this Agreement resulted in death or injury to a patient based, whether based upon a theory of product liability, warranty, defective product, or otherwise.
Indemnification for Product Liability. Liposome shall indemnify, defend and hold Pfizer harmless from and against any and all losses, liabilities, damages, obligations, payments, costs and expenses ("Claims") which are incurred by or rendered against Pfizer at any time and which arise from the clinical testing or use, sale or distribution of Product, except to the extent such Claims are directly attributable to Pfizer's negligence or intentional misconduct; provided, however, that Pfizer shall give Liposome notice as soon as practicable of any such Claim to which the foregoing provisions apply and that Pfizer shall have the right to participate in any compromise, settlement or defense thereof. Pfizer shall indemnify, defend and hold Liposome harmless from and against any such Claims which arise from the clinical testing of Product under the supervision or sponsorship of Pfizer, except to the extent such claims are directly attributable to Liposome's negligence or intentional misconduct; provided, however, that Liposome shall give Pfizer notice as soon as practicable of any such Claim to which the foregoing provisions apply and that Liposome shall have the right to participate in any compromise, settlement or defense thereof.
Indemnification for Product Liability. 13.1 Queens shall notify Licensee of any claim made or litigation commenced by any person, company, or governmental agency against Queens relating to any alleged defects in the Licensed Product assembled or manufactured by Licensee pursuant to this Agreement. Licensee shall defend such claim or action at its own expense and shall defend and indemnify Queens and hold it harmless from and against any and all liability, lawsuits, claims, losses or
Indemnification for Product Liability. 15 13.1.......................................................................15 13.2.......................................................................16 13.3.......................................................................16
Indemnification for Product Liability. You agree to indemnify, hold harmless and, upon the reasonable request of Cutting Edge, defend Cutting Edge and its principals, officers, employees, and agents from and against all costs, loss, liability, damages, claims or expenses, including reasonable attorneys' fees and costs, arising out of alleged claims, demands, or actions for damage or injury to third parties or property in connection with, in whole or in part, or result from any of your products and/or services sold, offered for sale, or otherwise made available for public or private consumption by way of the Product or Service ("Your Products/Services"), including, but not limited to, the following:
a. actions founded on product liability;
b. any errors, omissions, delays, or losses caused by the use of Your Products/Services; and
c. incorrect output that has resulted from the use of Your Products/Services.
Indemnification for Product Liability. The Parties each agree that in the event of any suit, claim, or action brought against a Party alleging product liability, the Party whose product or product component is alleged to have caused the liability, loss, damage, costs, or expense shall indemnify, defend, and hold harmless the other Party, provided that the Party seeking indemnification gives prompt written notice of such suit, claim, or action to the other Party. Notwithstanding the foregoing, failure to provide notice as set out in this Section 8.3 shall not serve to relieve the indemnifying Party of their obligations hereunder unless such failure to give notice substantially prejudiced the indemnifying Party with respect to its ability to defend against such suit, claim, or action.
Indemnification for Product Liability. Notwithstanding anything contained herein to the contrary, MEP agrees to defend and indemnify PEV, its Affiliates, customers, officers, directors, agents, employees, assigns and successors from and against any losses, damages, claims, demands, suits, liabilities and expenses (including reasonable attorneys' fees) that arise out of or result from injuries or death to persons or damage to property caused by the use of the Products, in the form delivered by MEP, including claims that the Products were defective or were not safe for their intended use. MEP shall maintain product liability insurance naming PEV and PEV's Affiliates as additional insureds.
Indemnification for Product Liability. Biomet shall, at its expense, defend and indemnify TGC and its officers, directors, agents and employees harmless for damages and reasonable expenses (including attorneys' fees) related to any suits or claims by a third party brought against TGC alleging that the Product (excluding the CyroSeal®) sold pursuant to this Agreement resulted in death or injury to a patient based, whether based upon a theory of product liability, warranty, defective product, or otherwise. TGC shall, at its expense, defend and indemnify Biomet and its officers, directors, agents and employees harmless for damages and reasonable expenses (including attorneys' fees) related to any suits or claims by a third party brought against Biomet alleging that the CyroSeal® sold pursuant to this Agreement resulted in death or injury to a patient based, whether based upon a theory of product liability, warranty, defective product, or otherwise.
