Product Indemnification. Subject to the provisions of this Section 6.7, Orchid agrees to defend, indemnify and hold harmless Xxxxxxx from any and all damages arising from injury or damage to persons or property (including without limitation, product liability or infringement of any proprietary rights) resulting directly or indirectly from Orchid's use, development, manufacture, licensing, marketing, sale or other disposition or any other commercial exploitation of any Product or Service, except those which result from the gross negligence or willful misconduct of Xxxxxxx. Xxxxxxx shall promptly notify Orchid of any claim which is to be indemnified hereunder and Orchid shall have the sole right to defend, settle or compromise any such action or claim.
Product Indemnification. Silk Road Medical will defend, indemnify, and hold Lake Region harmless from and against any and all liabilities, claims and demands for injury to or death of persons or damage to property arising out of or in connection with the sale, use or application of any Product
Product Indemnification. BMI agrees to defend, indemnify and hold harmless CollaGenex from any and all Damages arising from injury or damage to persons or property resulting directly or indirectly from BMI's use, manufacture, sale or other disposition of any Products in the Territory. BMI will utilize its best efforts to obtain liability insurance covering the manufacture and sale of Products on terms and in amounts as are customary for the pharmaceutical industry.
Product Indemnification. Each party shall indemnify and defend the other party against any and all claims, suits, losses, expenses, and liabilities, for bodily injury, personal injury, death, and property damage asserted or brought or asserted by any person or entity arising out of the design, installation or use of any Product Unit(s) manufactured by FIC under this Agreement unless such claim alleges that FIC's manufacturing process is directly or indirectly at fault. Such indemnification shall include attorney's fees and all other costs incurred by FIC in the defense of such claims, asserted liabilities or causes of actions. Both parties shall carry and maintain liability insurance coverage to satisfactorily cover its obligations under this Agreement.
Product Indemnification. 14.2.1 Notwithstanding any other provisions of this Agreement, the Sellers shall indemnify and hold harmless the Buyer or, at the Buyer’s election, the respective Group Companies, on a USD for USD basis, from and against any cost incurred by any Group Company as a result of customer complaints in connection with the read head magnetic encoder misalignment failure issue on robots shipped between 1 September 2014 and 31 March 2015, whereby a plastic bracket potentially could cause a sensor misalignment that could result in a robot stop and where such failure results in a product retrofit within the period from the Closing Date and the date falling 18 months after of the Closing Date. Claims pursuant to this clause 14.2.1 shall be subject to the limitations in clauses 16.4.2 and 16.4.3.
Product Indemnification. Paragraph 7 Infringement Indemnification Paragraph 13 Proprietary Information- Confidentiality--Advertising Paragraph 14 License to Repair; Use of Copyrighted Materials Paragraph 15 Indemnity/Insurance
Product Indemnification. Seller will indemnify, defend and hold harmless Buyer, its officers, employees, agents, successors, assigns, customers, and users of its products from and against any and all losses, expenses, damages, claims, suits and liabilities (including recall, repair and replacement expenses and other incidental and consequential damages; court costs and attorneys' fees) arising as a result of actual or alleged breach of any warranties or other terms contained herein or arising under any strict tort or negligence Draft of 5/29/90 claims premised on either an actual or alleged defect in the Goods. At Buyer's request, Seller will assume promptly full responsibility for the defense of any action described in this paragraph which may be brought or threatened by a third party against Seller and/or Buyer.
Product Indemnification. As a Value Added Reseller of Products and third party services, Reseller disclaims any indemnification responsibility regarding Product provided under the Order. Customer agrees to look solely to the OEM for satisfaction of any and all indemnification claims related to that OEM's Product.
Product Indemnification. The Company agrees to indemnify and defend the Distributor from all claims arising out of any products supplied by the Company. This includes, but is not limited to, indemnification against all claims that any of the products delivered by the Company directly infringe any third party's patent, copyright, or trade secret under the laws of the United States or any state of the United States. The only exception would be claims resulting solely from the Distributor's act of negligence. The Company agrees to this indemnification, provided that the Distributor gives the Company immediate notice in writing of any notice or claims arising out of any products supplied by the Company and if the Company so wishes and at the Company's sole discretion, permits the Company through the Company's counsel to defend the same and gives the Company all available information, assistance and authority to enable the Company to assume such defense. Should the Company so decide, the Company shall have control of the defense of such suit, including appeals from any judgement therein and any negotiations for the settlement or compromise thereof with full authority to enter into a binding settlement or compromise.
Product Indemnification. Licensee agrees to defend, indemnify and hold harmless CollaGenex from any and all Damages arising from injury or damage to persons or property (including, without limitation, product liability) resulting directly or indirectly from Licensee's sourcing, storage, marketing, sale and distribution of the Products in the Territory. CollaGenex warrants to Licensee that all data submitted by CollaGenex to the appropriate regulatory authority in France or in any other country where CollaGenex has applied for or may apply for marketing authorisations are an accurate representation of clinical trial and other data, to the best of CollaGenex's knowledge and belief, as warranted by CollaGenex to the appropriate regulatory authorities.
