Product Indemnity. Vendor shall defend, indemnify, and hold Ingram harmless from and against any claims, demands, liabilities, or expenses (including attorney’s fees and costs) for any injury or damage, including, but not limited to, any personal or bodily injury or tangible property damage, arising out of or resulting in any way from any alleged defects in the material, workmanship, or performance of Products, or any other alleged act, omission, or misrepresentation by Vendor.
Product Indemnity. Titan agrees to defend, hold harmless and indemnify Deere, its subsidiaries and affiliates, their officers, directors, employees and agents from and against any and all claims, actions, or suits, including costs, expenses, and reasonable attorney fees caused by or arising from any act or omission of Titan relating to design, defective material, or workmanship. Titan’s obligation hereunder shall not extend to claims whereby the Products acquired by Deere from Titan were modified or altered or misused by Deere, its subsidiaries and affiliates, their officers, directors, employees or agents. Titan’s obligation hereunder shall not extend to any claims other than those expressly stated.
Product Indemnity. UCSF shall indemnify, defend and hold harmless Novartis V&D and its affiliates and their officers and directors for any claim, demand, or injury arising out of any actions of UCSF, or the manufacture, use or sale by UCSF of any Licensed Product which may be satisfied by an indemnity clause in sublicense agreement.
Product Indemnity. Client agrees to indemnify Agency from and hold it harmless against any and all losses, claims, damages, expenses, or liabilities which Agency may incur based on any defect in products manufactured or sold by Client or any information and data concerning Client or its products, provided the Client or promotional material involved in such losses, claims, damages, expenses, or liabilities has been approved by Client for publication. Client agrees to indemnify Xxxxxx Group Interactive from and hold it harmless against any and all losses, claims, action, liabilities or suit which may result from credit card fraud or other client merchant account activities. The Agency’s personnel and Client’s personnel, as well as those of media and production vendors, will be expected to use all possible caution to prevent errors in the production of materials. However, should errors occur, on the final product reproduction, after Client’s approval of original copy and/or art, requiring reprint or other correction, such corrective work will be billed to the Client at net cost.
Product Indemnity. Titan agrees to defend, hold harmless and indemnify Deere, its subsidiaries and affiliates, their officers, directors, employees and agents from and against any and all claims or suits, including costs and attorneys' fees arising from any act or omission of Titan relating to defective material or workmanship. Titan's obligation hereunder shall not extend to claims whereby the Products acquired by Deere from Titan were modified or altered or misused by Deere, its subsidiaries and affiliates, their officers, directors, employees or agents or if the Product was primarily designed by Deere and to the extent that said modification or design or misuse caused the loss or damage. Titan's obligation hereunder shall not extend to any claims other than those expressly stated.
Product Indemnity. Seller shall indemnify, defend and hold harmless Buyer and its customers against any and all recalls, product withdrawals, claims, demands, liability, suits at law or in equity, loss or expense, including reasonable attorneys’ fees, by reason of Seller’s breach of any representation, warranty, Laws, obligation or requirement under the Purchase Order, including claims resulting from injury, illness and/or death caused by use of the Deliverables, unless caused by the sole negligence or misconduct of Buyer.
Product Indemnity. Vendor shall defend, indemnify, and hold ----------------- harmless Xxxxxx from and against any claims, demands, liabilities, or expenses (including attorney's fees and costs) for any injury or damage, including, but not limited to, any personal or bodily injury or property damage, arising out of or resulting in any way from any defect in Products. This duty to indemnify Xxxxxx shall be in addition to the warranty obligations of Vendor. *Material has been omitted pursuant to a request for confidential treatment. Such material has been filed separately with the Securities and Exchange Commission.
Product Indemnity. Except as set forth on Schedule 7.23, to Sellers' knowledge, neither Seller has any liability (and, to Sellers' knowledge, there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim or demand against Sellers giving rise to any liability) arising out of injury to individuals or property as a result of the possession, consumption or use of any product manufactured, sold or delivered by either Seller.
Product Indemnity. PivX will indemnify, defend and hold Detto and its subsidiaries (each, an "Indemnified Party"), harmless from and against any and all claims, losses, costs, liabilities and expenses (including reasonable attorneys' fees), arising as a result of or in connection with any claim that Qwik-Fix Pro or Documentation infringes any intellectual property right of a third party provided: (i) the Indemnified Party promptly gives written notice of any claim to PivX; (ii) the Indemnified Party provides any assistance which PivX may reasonably request for the defense of the claim (with reasonable out of pocket expenses paid by PivX); and (iii) PivX has the right to control of the defense or settlement of the claim, provided, however, that the Indemnified Party shall have the right to participate in, but not control, any litigation for which indemnification is sought with counsel of its own choosing, at its own expense. Additionally, if an injunction or order issues restricting the use or distribution of any of Qwik-Fix Pro or Documentation, or if PivX determines that Qwik-Fix Pro or Documentation are likely to become the subject of a claim of infringement or violation of any proprietary right of any third party, PivX shall in its discretion and, at its option (a) procure the right to continue using, reproducing, and distributing Qwik-Fix Pro and Documentation; (b) replace or modify Qwik-Fix Pro and Documentation so that they become noninfringing, provided such modification or replacement does not materially alter or affect the specifications for or the use or operation of Qwik-Fix Pro; require return of Qwik-Fix Pro to PivX and refund any licensing fees relating to the future use of Qwik-Fix Pro.
Product Indemnity. Bria will defend and hold Customer harmless against any third-party claim that a Product used in accordance with this Agreement, misappropriates a trade secret or infringes a patent, copyright, trademark, or other proprietary right of a third party. If Bria is unable to resolve a claim of misappropriation or infringement of a Product, it may, at its option, either (i) modify or replace the Product with a functional equivalent, or (ii) terminate Customer's license and refund any license fees, including amounts paid in advance for any usage period after the termination date. Bria will not be liable for any claims or damages due to Customer's continued use of a Product after being notified to stop due to a third-party claim.
