Common use of By EAGLE Clause in Contracts

By EAGLE. Eagle shall indemnify and hold harmless MDCO and its Affiliates, and MDCO’s and its Affiliates’ directors, officers, employees and agents, from and against all Losses resulting from any Claims by any Third Party to the extent resulting from (a) the breach of any representation, warranty or covenant by Eagle under this Agreement or Eagle’s gross negligence or willful misconduct; (b) the development, Manufacture, use, handling, storage or other Exploitation of Products by or on behalf of Eagle, its Affiliates, licensees, Sublicensees, Distributors, customers or end-users (other than MDCO, its Affiliates, Distributors and Sublicensees); and (c) the use by Eagle of the Confidential Information of MDCO other than as permitted herein.

Appears in 3 contracts

Sources: License and Development Agreement (Eagle Pharmaceuticals, Inc.), License and Development Agreement (Eagle Pharmaceuticals, Inc.), License and Development Agreement (Eagle Pharmaceuticals, Inc.)