Common use of Indemnities; Insurance Clause in Contracts

Indemnities; Insurance. (a) Agouron shall indemnify and hold harmless JE and its Affiliates, employees, and agents (a "JE Indemnified Party") from and against any and all liabilities, losses, damages, costs, or expenses (including reasonable investigative and attorneys' fees) which the JE Indemnified Party may incur, suffer or be required to pay resulting from or arising in connection with any product liability or other claims (other than claims for patent infringement) arising from the use by any person of any Product, to the extent such product liability or other claim results from the negligent, reckless or intentional misconduct of Agouron, its Affiliates or sublicensees, or their respective employees and agents, or on account of Agouron's failure to fulfill its obligations or undertakings under this Agreement; provided, however, that in no event shall Agouron be liable to a JE Indemnified Party for any indirect, incidental, special or consequential damages, including loss of revenues or profits from sales of Products.

Indemnities; Insurance. (a) Agouron Roche shall indemnify and hold harmless JE Agouron and its Affiliates, employees, and agents (a an "JE Agouron Indemnified Party") from and against any and all liabilities, losses, damages, costs, or expenses (including reasonable investigative and attorneys' fees) which the JE Agouron Indemnified Party may incur, suffer or be required to pay resulting from or arising in connection with any product liability or other claims (claims, other than claims for patent infringement) , arising from the use by any person of any Product, to the extent such product liability or other claim results from the negligent, reckless or intentional misconduct of AgouronRoche, its Affiliates or sublicensees, or their respective employees and agents, or on account of AgouronRoche's failure to fulfill its obligations or undertakings under this Agreement; provided, however, that in no event shall Agouron Roche be liable to a JE an Agouron Indemnified Party for any indirect, incidental, special or consequential damages, including loss of revenues or profits from sales of Products.