Common use of Product Liability Clause in Contracts

Product Liability. Except for any liability resulting from any negligent acts, willful misconduct or omissions of the Contractor and the Government, the Participant indemnifies the Government and the 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 Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor shall be considered assignees or licensees of the Participant, as a result of reserved Government and Contractor rights. The indemnity set forth in this paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the 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 Contractor and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement for which the Participant would be responsible shall be made without the Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 14 contracts

Samples: And Development Agreement, Cooperative Research and Development Agreement, Cooperative Research and Development Agreement

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Product Liability. Except for any liability resulting from any negligent acts, willful misconduct or omissions of the a Contractor and the Government, the Participant indemnifies the Government and the Contractor Contractors 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 Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor Contractors shall be considered assignees or licensees of the Participant, as a result of reserved Government and Contractor Contractors rights. The indemnity set forth in this paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the Contractor Contractors 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 Contractor Contractors and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement for which the Participant would be responsible shall be made without the Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 7 contracts

Samples: Research and Development Agreement, Research and Development Agreement, Research and Development Agreement

Product Liability. Except for any liability resulting from any negligent acts, willful misconduct or omissions of the Contractor and the GovernmentContractor, the Participant indemnifies the Government and the 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 Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor shall be considered assignees or licensees of the Participant, as a result of reserved Government and Contractor rights. The indemnity set forth in this paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the 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 Contractor and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement for which the Participant would be responsible shall be made without the Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 4 contracts

Samples: And Development Agreement, And Development Agreement, And Development Agreement

Product Liability. Except for any liability resulting from any negligent acts, willful misconduct or omissions of the a Contractor and the Government, the each Participant indemnifies the Government and the Contractor Contractors 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 that Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor Contractors shall be considered assignees or licensees of the a Participant, as a result of reserved Government and Contractor Contractors rights. The indemnity set forth in this paragraph shall apply only if the a Participant shall have been informed as soon and as completely as practical by the Contractor Contractors 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 Contractor Contractors and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the that Participant. No settlement for which the that Participant would be responsible shall be made without the that Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 3 contracts

Samples: Cooperative Research and Development Agreement, Research and Development Agreement, Research and Development Agreement

Product Liability. Except for any liability resulting from any negligent acts, willful misconduct or intentional acts or omissions of the Contractor and the GovernmentContractor, the Participant indemnifies indemnities the Government and the Contractor for all damages, costs, costs and expenses, including attorney’s 's fees, arising from personal injury or property damage occurring as a result of [*] Omitted pursuant to request for confidentiality filed with the Securities and Exchange Commission. the making, using, using or selling of a product, process, process or service by or on behalf of the Participant, its assignees, assignees or licensees, which was derived from the work performed under this CRADA. In With respect to this articleArticle, neither the Government nor the Contractor shall be considered assignees or licensees of the Participant, as a result of reserved Government and Contractor rights. The indemnity set forth in this paragraph Paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the 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 Contractor and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement for which the Participant would be responsible shall be made without the Participant’s 's consent unless required by final decree of a court of competent jurisdiction.

Appears in 2 contracts

Samples: Stevenson Wydler (DCH Technology Inc), Stevenson Wydler (DCH Technology Inc)

Product Liability. Except for any liability resulting from any negligent acts, willful misconduct or omissions of the Contractor and the Governmenta Contractor, the Participant indemnifies the Government and the Contractor Contractors 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 Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor Contractors shall be considered assignees or licensees of the Participant, as a result of reserved Government and Contractor Contractors rights. The indemnity set forth in this paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the Contractor Contractors 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 Contractor Contractors and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement for which the Participant would be responsible shall be made without the Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 2 contracts

Samples: And Development Agreement, And Development Agreement

Product Liability. Except for any liability resulting from any negligent acts, willful misconduct or omissions of the Contractor and the Government, the The Participant indemnifies the Government and the Contractor The Regents 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 Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor The Regents shall be considered assignees or licensees of the Participant, as a result of reserved Government and Contractor The Regents rights. The indemnity set forth in this paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the Contractor The Regents 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 participate, in and control its defense, and the Contractor The Regents and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement for which the Participant would be responsible shall be made without the Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 2 contracts

Samples: LBNL Model Crada, Model Crada

Product Liability. Except for any liability resulting from any negligent acts, willful misconduct or omissions of the Contractor Contractors and the Government, the Participant indemnifies the Government and the Contractor Contractors 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 Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor Contractors shall be considered assignees or licensees of the Participant, as a result of reserved Government and Contractor Contractors rights. The indemnity set forth in this paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the Contractor Contractors 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 Contractor Contractors and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement for which the Participant would be responsible shall be made without the Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: Confidential Treatment (SolarWindow Technologies, Inc.)

Product Liability. Except for any liability resulting from any negligent acts, willful misconduct acts or omissions of the Contractor and Participating NIS Institute, Participant agrees to indemnify the Government, the Participant indemnifies the Government The Regents, and the Contractor Participating NIS Institute 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 Participant, its assignees, assignees or licensees, which was were derived from the work performed under this CRADA. In respect to this articleArticle, neither the Government nor the Contractor The Regents shall be considered assignees or licensees of the Participant, Participant as a result of reserved Regents and/or Government and Contractor rights. The indemnity set forth in this paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the Contractor The Regents 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 Contractor The Regents and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement of an action against The Regents and/or the Government for which the Participant would be responsible hereunder shall be made without the Participant’s 's consent unless required by final decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: And Development Agreement (Isonics Corp)

Product Liability. Except for any liability resulting from any negligent acts, willful misconduct acts or omissions of the Contractor Laboratory and the Participating NIS Institute, Participant indemnifies the Government, the Participant indemnifies the Government Participating NIS Institute, and the Contractor Laboratory for all damages, costs, and expenses, including attorney’s attorneys 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 Participant, its assignees, assignees or licensees, which was derived from the work performed under this CRADA. In respect to this articleArticle, neither the Government nor the Contractor Laboratory shall be considered assignees or licensees of the Participant, as a result of reserved Government and Contractor the Laboratory rights. The indemnity set forth in this paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the 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, regulations1 to participate in and control its defense, and the Contractor Laboratory and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. Participant No settlement for which the Participant would be responsible shall be made without the Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: Stevenson Wydler (Valley Forge Composite Technologies, Inc.)

Product Liability. Except for any liability resulting from any negligent acts, willful misconduct or omissions of the a Contractor and the Government, the Participant each Participant, severally and not jointly, indemnifies the Government and the Contractor Contractors 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 that Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor Contractors shall be considered assignees or licensees of the a Participant, as a result of reserved Government and Contractor Contractors rights. The indemnity set forth in this paragraph shall apply only if the a Participant shall have been informed as soon and as completely as practical by the Contractor Contractors 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 Contractor Contractors and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the that Participant. No settlement for which the that Participant would be responsible shall be made without the that Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: Cooperative Research and Development Agreement

Product Liability. Except for any liability resulting from any negligent acts, willful misconduct or omissions of the Contractor and or the Government, the Participant indemnifies the Government and the 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 Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor shall be considered assignees or licensees of the Participant, as a result of reserved Government and Contractor rights. The indemnity set forth in this paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the 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 Contractor and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement for which the Participant would be responsible shall be made without the Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: www.h2awsm.org

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Product Liability. Except for any liability resulting from any negligent acts, willful misconduct or omissions of the Contractor and the Government, the Participant indemnifies the Government and the Contractor for all damages, costs, 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 Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor shall be considered assignees or licensees of the Participant, as a result of reserved Government and Contractor rights. The indemnity set forth in this paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the 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 Contractor and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement for which the Participant would be responsible shall be made without the Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: Stevenson Wydler

Product Liability. Except for any liability resulting from any negligent acts, acts or willful misconduct or omissions of the a Contractor and or the Government, the Participant indemnifies the Government and the Contractor Contractors 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 Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor Contractors shall be considered assignees or licensees of the Participant, as a result of reserved Government and Contractor Contractors rights. The indemnity set forth in this paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the Contractor Contractors 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 Contractor Contractors and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement for which the Participant would be responsible shall be made without the Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: And Development Agreement

Product Liability. Except for any liability resulting from any negligent acts, acts or willful misconduct or omissions of the a Contractor and or the Government, the each Participant indemnifies the Government and the Contractor Contractors 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 that Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor Contractors shall be considered assignees or licensees of the a Participant, as a result of reserved Government and Contractor Contractors rights. The indemnity set forth in this paragraph shall apply only if the a Participant shall have been informed as soon and as completely as practical by the Contractor Contractors 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 Contractor Contractors and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the that Participant. No settlement for which the that Participant would be responsible shall be made without the that Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: And Development Agreement

Product Liability. Except for any liability resulting from any negligent acts, willful misconduct or omissions of the Contractor and the Government, the Participant indemnifies the Government and the 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 Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor shall be considered assignees or licensees of the Participant, as a result of reserved Government and Contractor rights. The indemnity set forth in this paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the 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 Contractor and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement for which the Participant would be responsible shall be made without the Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: Research and Development Agreement

Product Liability. Except for any liability resulting from any negligent acts, willful misconduct or omissions of the Contractor and the Government, Government the Participant indemnifies the Government and the 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 Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor shall be considered assignees or licensees of the Participant, Participant as a result of reserved Government and the Contractor rights. The indemnity set forth in this paragraph Article shall apply only if the Participant shall have been informed as soon and as completely as practical by the Contractor and/or the Government of the action alleging such claim liability 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 Contractor and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement for which the Participant would be responsible shall be made without the Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: Research and Development Agreement

Product Liability. Example Except for any liability resulting from any negligent acts, willful misconduct or omissions of the Contractor and the Governmenta Contractor, the Participant indemnifies the Government and the Contractor Contractors 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 Participant, its assignees, or licensees, which was derived from the work performed under this CRADA. In respect to this article, neither the Government nor the Contractor Contractors shall be considered assignees or licensees of the Participant, as a result of reserved Government and Contractor Contractors rights. The indemnity set forth in this paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the Contractor Contractors 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 Contractor Contractors and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement for which the Participant would be responsible shall be made without the Participant’s consent unless required by final decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: And Development Agreement

Product Liability. Except for any liability resulting from any negligent acts, willful misconduct acts or omissions of the Contractor and the GovernmentContractor, the Participant indemnifies the Government and the Contractor for all damages, costs, costs and expenses, including attorney’s 's fees, arising from personal injury or property damage occurring as a result of the making, using, using or selling of a product, process, process or service by or on behalf of the Participant, its assignees, assignees or [*] Omitted pursuant to a request for confidentiality filed with the Securities and Exchange Commission. licensees, which was derived from the work performed under this CRADA. In respect to this articleArticle, neither the Government nor the Contractor shall be considered assignees or licensees of the Participant, as a result of reserved Government and Contractor rights. The indemnity set forth in this paragraph shall apply only if the Participant shall have been informed as soon and as completely as practical by the 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 Contractor and/or the Government shall have provided all reasonably available information and reasonable assistance requested by the Participant. No settlement for which the Participant would be responsible shall be made without the Participant’s 's consent unless required by final decree of a court of competent jurisdiction.

Appears in 1 contract

Samples: Cooperative Research and Development Agreement (DCH Technology Inc)

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