Common use of Indemnification of Introgen Clause in Contracts

Indemnification of Introgen. RPRP shall indemnify each of Introgen and its Affiliates and the directors, officers, employees, and counsel of Introgen and such Affiliates and the successors and assigns of any of the foregoing (the "Introgen Indemnitees"), pay on demand and protect, defend, save and hold each Introgen Indemnitee harmless from and against, any and all liabilities, damages, losses, settlements, claims, actions, suits, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other expenses of litigation) (any of the foregoing, a "Claim") incurred by any Introgen Indemnitee, arising from or occurring as a result of (a) activities performed by or on behalf of RPRP in connection with the Later Stage Clinical Development, (b) activities performed by RPRP in connection with the development of any Collaboration Product for commercialization outside North America, (c) third party claims, including without limitation, product liability claims relating to any Collaboration Products used, sold or otherwise distributed by RPRP, its Affiliates or Sublicensees, (d) third party claims relating to any Collaboration Products supplied by Introgen to the Joint Venture; except in each case to the extent such claim is caused by the negligence or intentional misconduct of an Introgen Indemnitee. For purposes of this Section 17.1, it is understood that product liability claims that arise out of the marketing or use of a Collaboration Product in a country after obtaining governmental approval to market such Collaboration Product shall not be deemed to "arise from or occur as a result of" the activities of RPRP described in (a) above.