Infringement Indemnification by Reliant Clause Samples
Infringement Indemnification by Reliant. Notwithstanding any other provisions of this Agreement, but subject to Article 10.4, Reliant will defend, indemnify and hold harmless the Novartis Infringement Indemnitees from and against any and all liabilities, losses, damages, actions, claims and expenses suffered or incurred by Novartis Infringement Indemnitees (including reasonable attorneys’ fees, court costs and expert witnesses’ fees) resulting from any Reliant Indemnified Claims so long as any such claim does not arise from Novartis’ breach of this Agreement, violation of law or its negligent or intentionally wrongful conduct (it being expressly understood that Novartis’ reasonable exercise of its rights hereunder with respect to the use of any Reliant intellectual property in accordance with this Agreement shall not be deemed a violation of law or its negligent or intentional wrongful conduct as pertaining to violation of another party’s intellectual property rights).
Infringement Indemnification by Reliant. Notwithstanding any other provisions of this Agreement, RELIANT will defend, indemnify and hold harmless the ETHYPHARM Infringement Indemnitees from and against any and all liabilities, losses, damages, actions, claims and expenses suffered or incurred by ETHYPHARM Infringement Indemnitees (including reasonable attorneys’ fees, court costs and expert witnesses’ fees) resulting from any RELIANT Indemnified Claims so long as any such claim does not arise from ETHYPHARM’s breach of this Agreement, or arise from ETHYPHARM’s negligent or intentionally wrongful conduct (it being expressly understood that ETHYPHARM’s reasonable exercise of its rights hereunder with respect to the use of any RELIANT Intellectual Property in accordance with this Agreement shall not be deemed ETHYPHARM’s negligent or intentional wrongful conduct as pertaining to violation of another party’s Intellectual Property rights).
