Common use of Indemnification of ISTA Clause in Contracts

Indemnification of ISTA. At ISTA's request, BLP shall indemnify, defend, save and hold ISTA and each of its Affiliates, officers, directors, employees and agents harmless from and against any and all liabilities, damages, costs, or expenses, including without limitation reasonable attorney's fees and disbursements ("Loss" or "Losses") resulting from, or arising out of: (a) any material breach of any warranty hereunder or material non-fulfillment or non-performance by BLP of any agreement, covenant or obligation of BLP under this Agreement; (b) any actual or alleged defect in any Product manufactured and delivered to ISTA hereunder arising out of BLP's failure to manufacture Product in accordance with the terms of this Agreement; (c) any actual or alleged infringement or violation of any patent, trade secret or proprietary rights used by BLP in manufacturing Product; (d) FDA enforcement action, inspection or Product recalls or market withdrawals resulting from BLP's failure to manufacture the Product in accordance with the terms of this Agreement; and (e) any personal injury arising out of BLP's failure to manufacture Product in accordance with the terms of this Agreement.