By ISATORI Sample Clauses

By ISATORI. ISATORI agrees to indemnify, hold harmless and defend Integrity against any and all Losses resulting from a third party claim of patent infringement alleging that ISATORI’s manufacture, use, sale offer for sale or importation of Product infringes upon a patent claim reading upon the manufacture or use of Product, but not the manufacture or use of Ingredient alone for an Approved Indication.
By ISATORI. ISATORI agrees to indemnify, hold harmless and defend Integrity against any and all losses resulting in whole or in part from any investigation, threatened litigation, threatened administrative action or cause of action brought against Integrity based upon or arising from ISATORI’s advertising and promotional materials for Product or labeling of Product, including, but not limited to, any Losses resulting from trademark infringement, trade dress infringement, copyright infringement, infringement upon a right of publicity, infringement upon a right to privacy, false advertising, unfair competition, interference with business or prospective business, product disparagement, defamation and improper use of a Claim, except to the extent any such losses result from ISATORI’s use of a Integrity Trademark or result from the negligence, recklessness or willful misconduct of Integrity except where as expressed in Attachment E.