RTU’s Obligation. RTU shall defend, indemnify and hold SPE, and the respective officers, directors and employees of each, harmless from and against any and all claims, demands, losses, damages, liabilities (including without limitation product liability), settlement amounts, cost or expenses whatsoever (including reasonable legal fees and costs and court costs) arising from or relating to any claim, action or proceeding made or brought against such person by a third party as a result of RTU’s negligence, willful misconduct or breach of this Agreement (including, without limitation, RTU’s failure to comply with the Specifications, any breach by RTU of the warranties contained in Article 9, or otherwise any breach of the provisions of this Agreement by RTU). RTU shall have no obligation under this clause to indemnify SPE for claims described in Article 10.
RTU’s Obligation. RTU shall defend, indemnify and hold SAG, and the respective officers, directors and employees of each, harmless from and against any and all claims, demands, losses, damages, liabilities (including without limitation product liability), settlement amounts, cost or expenses whatsoever (including reasonable legal fees and costs and court costs) arising from or relating to any claim, action or proceeding made or brought against such person by a third party as a result of RTU's negligence, willful misconduct or breach of this Agreement (including, without limitation, RTU's failure to comply with the Specifications, any breach by RTU of the warranties contained in Article 9, or otherwise any breach of the provisions of this Agreement by RTU). RTU shall have no obligation under this clause to indemnify SAG for claims described in Article 10.2. For the avoidance of doubt with regard to product liability claims relating to Drug Substance and Drug Product, RTU's indemnification of SAG hereunder shall extend only to matters of drug quality.
RTU’s Obligation. RTU shall defend, indemnify and hold SPI, its affiliates and sublicensees and the respective officers, directors and employees of each (“SPI Indemnified Persons”), harmless from and against any and all claims, demands, losses, damages, liabilities, settlement amounts, cost or expenses whatsoever (including reasonable legal fees and costs and court costs) arising from or relating to (i) any claim, action or proceeding made or brought against such SPI Indemnified Person by a third party as a result of RTU’s negligence, willful misconduct or breach of this Agreement and (ii) all Product Liability Claims, or such portion of Product Liability Claims, as are allocated to RTU pursuant to Article 10.3. RTU shall have no obligation under this clause to indemnify SPI for claims described in Article 10.2.
