No Prior Assignment by Matria. Except for any assignment or transfer that may be deemed to have occurred from Tokos to Matria in connection with the merger of Tokos and Healthdyne xxxx Matria, Matria represents and warrants that xx xortion of any Matria Claim to which Matria might be entitled has been assigned, subrogated or transferred to any other person, firm, corporation or other entity, by operation of law or otherwise. In the event that any Matria Claim should be made or instituted against Adeza or an Adeza Affiliated Entity because of any such purported assignment or subrogation or transfer, Matria agrees to indemnify and hold harmless Adeza and the Adeza Affiliated Entities, as the case may be, against any such Matria Claim, and to pay and satisfy any such Matria Claim, including necessary expenses of investigation, attorneys' fees and costs.
Appears in 3 contracts
Samples: Agreement and Release (Adeza Biomedical Corp), Agreement and Release (Adeza Biomedical Corp), Agreement and Release (Adeza Biomedical Corp)
No Prior Assignment by Matria. Except for any assignment or transfer that may be deemed to have occurred from Tokos to Tokox xx Matria in connection with the merger of Tokos and Tokox xxx Healthdyne xxxx into Matria, Matria represents and warrants that xx xortion no portion of any Matria Claim to which Matria might be entitled has been assigned, subrogated or transferred to any other person, firm, corporation or other entity, by operation of law or otherwise. In the event that any Matria Claim should be made or instituted against Adeza or an Adeza Affiliated Entity because of any such purported assignment or subrogation or transfer, Matria agrees to indemnify and hold harmless Adeza and the Adeza Affiliated Entities, as the case may be, against any such Matria Claim, and to pay and satisfy any such Matria Claim, including necessary expenses of investigation, attorneys' fees and costs.
Appears in 1 contract
Samples: Exclusive Marketing Agreement (Matria Healthcare Inc)