Common use of Process for Claims Clause in Contracts

Process for Claims. In the event of consumer, customer or governmental agency complaints, demands, claims or legal actions alleging illness, injury, death or damage as a result of the consumption or use of any Products produced, packaged, stored or shipped by Xxxxx Xxxx, Xxxxx Xxxx shall indemnify and hold Annie’s from and against any and all liability, loss or damage, cost or expense, of whatsoever nature and by whomsoever asserted, arising out of, resulting from or in any way connected with such complaint, demand, claim or legal action, except that Xxxxx Xxxx shall not be responsible for, and shall not be required to indemnify or hold harmless Annie’s against, any liability for illness, injury, death or damage attributable to defects in Products that independent investigation discloses (a) originated solely after the Products left the custody and control of Xxxxx Xxxx and was not attributable to any act or omission of Xxxxx Xxxx prior to such Products leaving such custody and control, or (b) originated solely from proprietary Annie’s Specifications including labeling. Xxxxx Xxxx shall assume full responsibility for, and the expense of, investigation, defense, legal fees, settlement and payment of all such complaints, demands, claims and legal actions; provided that Annie’s may, at its expense, participate in any legal action through counsel of its own choice. Annie’s shall promptly notify Xxxxx Xxxx of any such complaint, demand, claim or legal action and cooperate fully in the defense thereof.

Process for Claims. In the event of consumer, customer or governmental agency complaints, demands, claims or legal actions alleging illness, injury, death or damage as a result of the consumption or use of any Products produced, packaged, stored or shipped by Xxxxx XxxxPMAC, Xxxxx Xxxx PMAC shall indemnify and hold Annie’s from and against any and all liability, loss or damage, cost or expense, of whatsoever nature and by whomsoever asserted, arising out of, resulting from or in any way connected with such complaint, demand, claim or legal action, except that Xxxxx Xxxx PMAC shall not be responsible for, and shall not be required to indemnify or hold harmless Annie’s against, any liability for illness, injury, death or damage attributable to defects in Products that independent investigation discloses (a) originated solely after the Products left the custody and control of Xxxxx Xxxx PMAC and was not attributable to any act or omission of Xxxxx Xxxx PMAC prior to such Products leaving such custody and control, or (b) originated solely from proprietary Annie’s Specifications including labeling. Xxxxx Xxxx PMAC shall assume full responsibility for, and the expense of, investigation, defense, legal fees, settlement and payment of all such complaints, demands, claims and legal actions; provided that Annie’s may, at its expense, participate in any legal action through counsel of its own choice. Annie’s shall promptly notify Xxxxx Xxxx PMAC of any such complaint, demand, claim or legal action and cooperate fully in the defense thereof.

Process for Claims. In the event of consumer, customer or governmental agency complaints, demands, claims or legal actions alleging illness, injury, death or damage as a result of the consumption or use of any Products produced, packaged, stored or shipped by Xxxxx Xxxx, Xxxxx Xxxx Annie’s shall indemnify and hold Annie’s Xxxxx Xxxx from and against any and all liability, loss or damage, cost or expense, of whatsoever nature and by whomsoever asserted, arising out of, resulting from or in any way connected with such complaint, demand, claim or legal action, except that Xxxxx Xxxx Annie’s shall not be responsible for, and shall not be required to indemnify or hold harmless Annie’s Xxxxx Xxxx against, any liability for illness, injury, death or damage attributable to defects in Products that independent investigation discloses (a) originated solely after before the Products left the custody and control of Xxxxx Xxxx and was not attributable to any act or omission of Xxxxx Xxxx Annie’s prior to such Products leaving such custody and control, or (b) originated solely from proprietary . Annie’s Specifications including shall be responsible for all package labeling. Xxxxx Xxxx Annie’s shall assume full responsibility for, and the expense of, investigation, defense, legal fees, settlement and payment of all such complaints, demands, claims and legal actions; provided that Annie’s may, at its expense, participate in any legal action through counsel of its own choice. Annie’s shall promptly notify Xxxxx Xxxx of any such complaint, demand, claim or legal action and cooperate fully in the defense thereof.. Confidential Information Redacted

Process for Claims. In the event of consumer, customer or governmental agency complaints, demands, claims or legal actions alleging illness, injury, death or damage as a result of the consumption or use of any Products produced, packaged, stored or shipped by Xxxxx Xxxx, Xxxxx Xxxx Annie’s shall indemnify and hold Annie’s Xxxxx Xxxx from and against any and all liability, loss or damage, cost or expense, of whatsoever nature and by whomsoever asserted, arising out of, resulting from or in any way connected with such complaint, demand, claim or legal action, except that Xxxxx Xxxx Annie’s shall not be responsible for, and shall not be required to indemnify or hold harmless Annie’s Xxxxx Xxxx against, any liability for illness, injury, death or damage attributable to defects in Products that independent investigation discloses (a) originated solely after before the Products left the custody and control of Xxxxx Xxxx and was not attributable to any act or omission of Xxxxx Xxxx Annie’s prior to such Products leaving such custody and control, or (b) originated solely from proprietary . Annie’s Specifications including shall be responsible for all package labeling. Xxxxx Xxxx Annie’s shall assume full responsibility for, and the expense of, investigation, defense, legal fees, settlement and payment of all such complaints, demands, claims and legal actions; provided that Annie’s may, at its expense, participate in any legal action through counsel of its own choice. Annie’s shall promptly notify Xxxxx Xxxx of any such complaint, demand, claim or legal action and cooperate fully in the defense thereof.