Common use of Of Senomyx Clause in Contracts

Of Senomyx. Kraft hereby agrees to indemnify, defend and hold Senomyx, and its respective officers, directors, employees and agents (collectively, the "Senomyx Indemnitees") harmless from and against all damages, losses, liabilities, expenses and costs or other amounts payable to a Third Party, including reasonable attorneys' fees and costs of litigation, resulting from a claim, demand, action, suit or other proceeding brought or threatened by a Third Party against a Senomyx Indemnitee based on (i) any development, manufacture, use, handling, storage, sale, or other disposition of a Selected Compound or Product by or through Kraft or its Affiliates or its permitted sublicensees (ii) the practice by Kraft of any license granted hereunder, or (iii) infringement by Kraft of Patent Rights of any Third Party; except to the extent such damages or other amounts payable are attributable to: (a) a violation of any contractual or fiduciary duty owed by any Senomyx Indemnitee to a Third Party, (b) any breach of this Agreement by a Senomyx Indemnitee or a misrepresentation by Senomyx in this Agreement, or (c) trade secret misappropriation or patent infringement by Senomyx covered by a Third Party's Patent Rights. IN NO EVENT WILL KRAFT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY SENOMYX RESULTING FROM THE EXERCISE OF ANY RIGHTS GRANTED IN ACCORDANCE WITH THIS AGREEMENT.

Of Senomyx. Kraft Xxxxxxxx hereby agrees to indemnify, defend and hold Senomyx, and its respective officers, directors, employees and agents (collectively, the "Senomyx Indemnitees") harmless from and against all damages, losses, liabilities, expenses and costs or other amounts payable to a Third Party, including reasonable attorneys' fees and costs of litigation, resulting from a claim, demand, action, suit or other proceeding brought or threatened by a Third Party against a Senomyx Indemnitee based on (i) any the negligent development, manufacture, use, handling, storage, sale, or other disposition of a Selected Compound, Product Compound or Product by or through Kraft Xxxxxxxx or its Affiliates or its permitted sublicensees sub-licensees, (ii) a product liability claim on any Product or New Product using the Product Compound or, (iii) the practice by Kraft Xxxxxxxx of any license granted hereunder, or (iiiiv) infringement by Kraft Xxxxxxxx of Patent Rights of any Third Party; except to the extent such damages or other amounts payable are attributable to: (a) a violation of any contractual or fiduciary duty owed by any Senomyx Indemnitee to a Third Party, (b) any breach of this Agreement by a Senomyx Indemnitee or a misrepresentation by Senomyx in this Agreement, or (c) trade secret misappropriation or patent infringement by Senomyx covered by a Third Party's Patent RightsRights or (d) a negligent act or omission by any Senomyx Indemnitee. IN NO EVENT WILL KRAFT XXXX XXXXXXXX BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES SUFFERED BY SENOMYX RESULTING FROM THE EXERCISE OF ANY RIGHTS GRANTED IN ACCORDANCE WITH THIS AGREEMENT.