Common use of PRODUCT LIABILITY INDEMNITY Clause in Contracts

PRODUCT LIABILITY INDEMNITY. Except for any liability resulting from any negligent acts or omissions of the Government or the Facility Contractor, the Sponsor agrees to indemnify the Government and the Facility Contractor for all damages, costs, and expenses, including attorney's fees, arising from personal injury or property damage occurring as a result of the making, using, or selling of a product, process, or service by or on behalf of the Sponsor, its assignees, or licensees, which was derived from the work performed under this Agreement. In respect to this Article, neither the Government nor the Facility Contractor shall be considered assignees or licensees of the Sponsor, as a result of reserved Government and Facility Contractor rights. The indemnity set forth in this paragraph shall apply only if the Sponsor shall have been informed as soon and as completely as practical by the Facility Contractor and/or the Government of the action alleging such claim and shall have been given an opportunity, to the maximum extent afforded by applicable laws, rules, or regulations, to participate in and control its defense, and the Facility Contractor and/or Government shall have provided all reasonably available information and reasonable assistance requested by the Sponsor. No settlement for which the Sponsor would be responsible shall be made without the Sponsor's consent, unless required by final decree of a court of competent jurisdiction.

PRODUCT LIABILITY INDEMNITY. (i) Except for any liability resulting from any negligent acts or omissions of the Government or the Facility ContractorGovernment, the Sponsor M&O Contractor agrees to indemnify the Government and the Facility Contractor for all damages, costs, and expenses, including attorney's fees, arising from personal injury or property damage occurring as a result of the making, using, or selling of a product, process, or service by or on behalf of the SponsorACT participants or the M&O Contractor, its their assignees, or licensees, which was derived from the work performed under this AgreementACT transactions. In With respect to this ArticleH-clause, neither the Government nor the Facility M&O Contractor shall be considered assignees or licensees of the Sponsor, as a result of reserved Government and Facility Contractor rightsrights in ACT IP. The indemnity set forth in this paragraph shall apply only if the Sponsor M&O Contractor shall have been informed as soon and as completely as practical by the Facility Contractor and/or the Government of the action alleging such claim and shall have been given an opportunity, to the maximum extent afforded by applicable laws, rules, or regulations, to participate in and control and·control its defense, and the Facility Contractor and/or Government shall have provided all reasonably available information and reasonable assistance requested by the SponsorM&O Contractor. No settlement for which the Sponsor M&O Contractor would be responsible shall be made without the SponsorM&O Contractor's consent, unless required by final decree of a court of competent jurisdiction. (ii) Where the M&O Contractor assigns the responsibility for indemnifying the Government under subparagraph c(i) above to other ACT participants, the M&O Contractor agrees to seek such indemnification from the other ACT participants.

PRODUCT LIABILITY INDEMNITY. (DEVIATION) --------------------------------------- Except for any liability resulting from any willful misconduct or negligent acts or omissions of the Government or the Facility Contractor, the Sponsor agrees to indemnify the Government and the Facility defend Contractor for against any claim or proceeding and pay all damages, costs, and expenses, including attorney's fees, arising from personal injury or property damage occurring as a result of the making, using, or selling of a product, process, or service by or on behalf of the Sponsor, its assignees, or licensees, which was derived from the work performed under this Work for Others Agreement. In respect to this Article, neither the Government nor the Facility Contractor shall be considered assignees or licensees of the Sponsor, as a result of reserved Government and Facility Contractor rights. The indemnity set forth in this paragraph shall apply only if the Sponsor shall have been informed as soon and as completely as practical by the Facility Contractor and/or the Government of the action alleging such claim and shall have been given an opportunity, to the maximum extent afforded by applicable laws, rules, or regulations, to participate in and control its defense, and the Facility Contractor and/or Government shall have provided all reasonably available information and reasonable assistance requested by the Sponsor. No settlement of an action against the Contractor and/or Government for which the Sponsor would be responsible shall be made without the Sponsor's consentconsent of the Sponsor and of the Contractor and the Government (whenever either or both of the latter two parties are involved), unless required by final decree of a court of competent jurisdiction.

PRODUCT LIABILITY INDEMNITY. Except for any liability resulting from any negligent acts or omissions of the Government or the Facility ContractorLaboratory, the Sponsor agrees to indemnify the Government and the Facility Contractor Laboratory for all damages, costs, and expenses, including attorney's fees, arising from personal injury or property damage occurring as a result of the making, using, or selling of a product, process, or service by or on behalf of the Sponsor, its assignees, or licensees, which was derived from the work performed under this Strategic Partnership Project Agreement. In respect to this Article, neither the Government nor the Facility Contractor Laboratory shall be considered assignees or licensees of the Sponsor, as a result of reserved Government and Facility Contractor Laboratory rights. The indemnity set forth in this paragraph shall apply only if the Sponsor shall have been informed as soon and as completely as practical by the Facility Contractor Laboratory and/or the Government of the action alleging such claim and shall have been given an opportunity, to the maximum extent afforded by applicable laws, rules, or regulations, to participate in and control its defense, and the Facility Contractor Laboratory and/or Government shall have provided all reasonably available information and reasonable assistance requested by the Sponsor. No settlement for which the Sponsor would be responsible shall be made without the Sponsor's consent, consent unless required by final decree of a court of competent jurisdiction.

PRODUCT LIABILITY INDEMNITY. Except for any liability resulting from any negligent acts or omissions of the Government or the Facility Contractor, the Sponsor agrees to indemnify the Government and the Facility Contractor for all damages, costs, cost and expenses, including attorney's ’s fees, arising from personal injury or property damage occurring as a result the commercialization and utilization of technologies, including, but not limited to, the making, using, selling or selling exporting of a product, process, process or service by or on behalf of the Sponsor, its assignees, assignees or licensees, which was were derived from the work performed under this Agreement. In respect to this Article, neither the Government nor the Facility Contractor shall be considered assignees or licensees of the Sponsor, Sponsor as a result of reserved Contractor and/or Government and Facility Contractor rights. The indemnity set forth in this paragraph shall apply only if the Sponsor shall have been informed as soon and as completely as practical by the Facility Contractor and/or the Government of the action alleging such claim and shall have been given an opportunity, to the maximum extent afforded by applicable laws, rules, or regulations, to participate in and control its defense, and the Facility Contractor and/or Government shall have provided all reasonably available information and reasonable assistance requested by the Sponsor. No settlement of an action against the Contractor and/or the Government for which the Sponsor would be responsible hereunder shall be made without the Sponsor's consent, consent unless required by final decree of a court of competent jurisdiction.

PRODUCT LIABILITY INDEMNITY. Except for any liability resulting from any negligent acts or omissions of the Government or the Facility Contractor, the Sponsor agrees to indemnify the Government and the Facility Contractor for all damages, costs, and expenses, including attorney's fees, arising from personal injury or property damage occurring as a result of the making, using, or selling of a product, process, or service by or on behalf of the Sponsor, its assignees, or licensees, which was derived from the work performed under this Strategic Partnership Projects Agreement. In respect to this Article, neither the Government nor the Facility Contractor shall be considered assignees or licensees of the Sponsor, as a result of reserved Government and Facility Contractor rights. The indemnity set forth in this paragraph shall apply only if the Sponsor shall have been informed as soon and as completely as practical by the Facility Contractor and/or the Government of the action alleging such claim and shall have been given an opportunity, to the maximum extent afforded by applicable laws, rules, or regulations, to participate in and control its defense, and the Facility Contractor and/or Government shall have provided all reasonably available information and reasonable assistance requested by the Sponsor. No settlement for which the Sponsor would be responsible shall be made without the Sponsor's consent, unless required by final decree of a court of competent jurisdiction.

PRODUCT LIABILITY INDEMNITY. Except for any liability resulting from any negligent acts or omissions of the Government or the Facility ContractorLaboratory, the Sponsor agrees to indemnify the Government and the Facility Contractor Laboratory for all damages, costs, and expenses, including attorney's fees, arising from personal injury or property damage occurring as a result of the making, using, or selling of a product, process, or service by or on behalf of the Sponsor, its assignees, or licensees, which was derived from the work performed under this Agreement. In respect to this Article, neither the Government nor the Facility Contractor Laboratory shall be considered assignees or licensees of the Sponsor, as a result of reserved Government and Facility Contractor Laboratory rights. The indemnity set forth in this paragraph Article shall apply only if the Sponsor shall have been informed as soon and as completely as practical by the Facility Contractor Laboratory and/or the Government of the action alleging such claim and shall have been given an opportunity, to the maximum extent afforded by applicable laws, rules, or regulations, to participate in and control its defense, and the Facility Contractor Laboratory and/or Government shall have provided all reasonably available information and reasonable assistance requested by the Sponsor. No settlement for which the Sponsor would be responsible shall be made without the Sponsor's consent, consent unless required by final decree of a court of competent jurisdiction.

PRODUCT LIABILITY INDEMNITY. Except for any liability resulting from any negligent acts or omissions of the Government or the Facility Contractor, the Sponsor agrees to indemnify the Government and the Facility Contractor for all damages, costs, cost and expenses, including attorney's ’s fees, arising from personal injury or property damage occurring as a result the commercialization and utilization of technologies, including, but not limited to, the making, using, selling or selling exporting of a product, process, process or service by or on behalf of the Sponsor, its assignees, assignees or licensees, which was were derived from the work performed under this Agreement. In respect to this Article, neither the Government nor the Facility Contractor shall be considered assignees or licensees of the Sponsor, as a result of reserved Contractor and/or Government and Facility Contractor rights. The indemnity set forth in this paragraph shall apply only if the Sponsor shall have been informed as soon and as completely as practical by the Facility Contractor and/or the Government of the action alleging such claim and shall have been given an opportunity, to the maximum extent afforded by applicable laws, rules, or regulations, to participate in and control its defense, and the Facility Contractor and/or Government shall have provided all reasonably available information and reasonable assistance requested by the Sponsor. No settlement for which the Sponsor would be responsible shall be made without the Sponsor's consent, consent unless required by final decree of a court of competent jurisdiction.

PRODUCT LIABILITY INDEMNITY. Except for any liability resulting from any negligent acts or omissions of the Government or the Facility Contractor, the Sponsor agrees to indemnify the Government and the Facility Contractor for all damages, costs, and expenses, including attorney's ’s fees, arising from personal injury or property damage occurring as a result of the making, using, or selling of a product, process, or service by or on behalf of the Sponsor, its assignees, or licensees, which was derived from the work performed under this Work for Others Agreement. In respect to this Article, neither the Government nor the Facility Contractor shall be considered assignees or licensees of the Sponsor, as a result of reserved Government and Facility Contractor rights. The indemnity set forth in this paragraph shall apply only if the Sponsor shall have been informed as soon and as completely as practical by the Facility Contractor and/or or the Government of the action alleging such claim and shall have been given an opportunity, to the maximum extent afforded by applicable laws, rules, or regulations, to participate in and control its defense, and the Facility Contractor and/or and Government shall have provided all reasonably available information and reasonable assistance requested by the Sponsor. No settlement for which the Sponsor would be responsible shall be made without the Sponsor's consent, unless required by final decree of a court of competent jurisdiction.

PRODUCT LIABILITY INDEMNITY. Except for any liability resulting from any negligent acts or omissions of the Government or the Facility Contractor, the Sponsor agrees to indemnify the Government and the Facility Contractor for all damages, costs, and expenses, including attorney's fees, arising from personal injury or property damage occurring as a result of the making, using, or selling of a product, process, or service by or on behalf of the Sponsor, its assignees, or licensees, which was derived from the work performed under this Work for Others Agreement. In respect to this Article, neither the Government nor the Facility Contractor shall be considered assignees or licensees of the Sponsor, as a result of reserved Government and Facility Contractor rights. The indemnity set forth in this paragraph shall apply only if the Sponsor shall have been informed as soon and as completely as practical by the Facility Contractor and/or the Government of the action alleging such claim and shall have been given an opportunity, to the maximum extent afforded by applicable laws, rules, or regulations, to participate in and control its defense, and the Facility Contractor and/or Government shall have provided all reasonably available information and reasonable assistance requested by the Sponsor. No settlement for which the Sponsor would be responsible shall be made without the Sponsor's consent, consent unless required by final decree of a court of competent jurisdiction.

PRODUCT LIABILITY INDEMNITY. Except for any liability resulting from any negligent acts or omissions of the Government or the Facility ContractorLaboratory, the Sponsor agrees to indemnify the Government and the Facility Contractor Laboratory for all damages, costs, and expenses, including attorney's fees, arising from personal injury or property damage occurring as a result of the making, using, or selling of a product, process, or service by or on behalf of the Sponsor, its assignees, or licensees, which was derived from the work performed under this Work for Others Agreement. In respect to this Article, neither the Government nor the Facility Contractor Laboratory shall be considered assignees or licensees of the Sponsor, as a result of reserved Government and Facility Contractor Laboratory rights. The indemnity set forth in this paragraph shall apply only if the Sponsor shall have been informed as soon and as completely as practical by the Facility Contractor Laboratory and/or the Government of the action alleging such claim and shall have been given an opportunity, to the maximum extent afforded by applicable laws, rules, or regulations, to participate in and control its defense, and the Facility Contractor Laboratory and/or Government shall have provided all reasonably available information and reasonable assistance requested by the Sponsor. No settlement for which the Sponsor would be responsible shall be made without the Sponsor's consent, consent unless required by final decree of a court of competent jurisdiction.

PRODUCT LIABILITY INDEMNITY. Except for any liability resulting from any negligent acts or omissions of the Government Contractor or the Facility ContractorGovernment, the Sponsor agrees to indemnify the Government and the Facility Contractor for all damages, costs, and expenses, including attorney's ’s fees, arising from personal injury or property damage occurring as a result of the making, using, or selling of a product, process, or service by or on behalf of the Sponsor, its assignees, or licensees, which was derived from the work performed under this Technical Services Agreement. In respect to this Article, neither the Government nor the Facility Contractor shall be considered assignees or licensees of the Sponsor, as a result of reserved Government and Facility Contractor rights. The indemnity set forth in this paragraph shall apply only if the Sponsor shall have been informed as soon and as completely as practical by the Facility Contractor and/or the Government of the action alleging such claim and shall have been given an opportunity, to the maximum extent afforded by applicable laws, rules, or regulations, to participate in and control its defense, and the Facility Contractor and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Sponsor. No settlement for which the Sponsor would be responsible shall be made without the Sponsor's consent, ’s consent unless required by final decree of a court of competent jurisdiction.