Marketer Indemnification. Marketer shall indemnify, defend and ------------------------ hold Manufacturer and its Affiliates and their officers, directors, employees, and representatives harmless from and against any and all Third Party claims, causes of action, suits, proceedings, losses, damages, demands, fees, expenses, fines, penalties and costs (including reasonable attorney's fees) arising out of, related to or in connection with: (a) the breach of Marketer's warranties, representations or covenants set forth in this Agreement; (b) any claim alleging noncompliance by Marketer with the Food, Drug and Cosmetic Act and the regulations promulgated thereunder; and/or (c) any wrongful or negligent acts or omissions on the part of Marketer's employees, agents or representatives, except to the extent caused by any wrongful or negligent acts or omissions on the part of Manufacturer's employees, agents or representatives.
Appears in 3 contracts
Samples: Registration Rights Agreement (Retractable Technologies Inc), Registration Rights Agreement (Retractable Technologies Inc), Registration Rights Agreement (Retractable Technologies Inc)
Marketer Indemnification. Marketer shall indemnify, defend and ------------------------ hold Manufacturer Developer and its Affiliates and their officers, directors, employees, and representatives harmless from and against any and all Third Party claims, causes of action, suits, proceedings, losses, damages, demands, fees, expenses, fines, penalties and costs (including reasonable attorney's fees) arising out of, related to or in connection with: (a) the breach of Marketer's warranties, representations or covenants set forth in this Agreement; (b) any claim alleging noncompliance by Marketer with the Food, Drug and Cosmetic Act and the regulations promulgated thereunder; and/or (c) any wrongful or negligent acts or omissions on the part of Marketer's employees, agents or representatives, except to the extent caused by any wrongful or negligent acts or omissions on the part of ManufacturerDeveloper's employees, agents or representatives.
Appears in 1 contract
Samples: National Marketing and Distribution Agreement (Maxxon Inc)