Common use of Abbott Indemnification Clause in Contracts

Abbott Indemnification. Subject to the provisions of Subparagraph 8.8.6, Abbott shall indemnify and hold Cubist, its affiliates, officers, directors and employees harmless from and against all claims, causes of action, settlement costs, losses or liabilities of any kind (including reasonable attorney’s fees) related to this Agreement and asserted by third persons which arise out of or are attributable to (a) any intentional wrongful act or any negligent act or omission on the part of ▇▇▇▇▇▇’▇ employees, agents or representatives, (b) ▇▇▇▇▇▇’▇ breach of any representation or warranty set forth in Subparagraph 8.8.3, or (c) a third party’s proprietary rights relating to ▇▇▇▇▇▇’▇ manufacturing processes used in the manufacture of Product pursuant to this Agreement. The foregoing indemnification action shall not apply in the event and to the extent that a court of competent jurisdiction determines that such losses arose as a result of Cubist’s (or any Cubist indemnitee’s) negligence, intentional misconduct or breach of this Agreement.

Abbott Indemnification. Subject to the provisions of Subparagraph 8.8.6, Abbott shall indemnify and hold Cubist, its affiliates, officers, directors and employees harmless from and against all claims, causes of action, settlement costs, losses or liabilities of any kind (including reasonable attorney’s 's fees) related to this Agreement and asserted by third persons which arise out of or are attributable to (a) any intentional wrongful act or any negligent act or omission on the part of ▇▇▇▇▇▇’'▇ employees, agents or representatives, (b) ▇▇▇▇▇▇’'▇ breach of any representation or warranty set forth in Subparagraph 8.8.3, or (c) a third party’s 's proprietary rights relating to ▇▇▇▇▇▇’'▇ manufacturing processes used in the manufacture of Product pursuant to this Agreement. The foregoing indemnification action shall not apply in the event and to the extent that a court of competent jurisdiction determines that such losses arose as a result of Cubist’s 's (or any Cubist indemnitee’s's) negligence, intentional misconduct or breach of this Agreement.