By Orthovita Sample Clauses

By Orthovita. With respect to any Licensed Patents, CoStasis Ingredient Improvement Patents and Angiotech Improvement Patents, Orthovita shall promptly notify Angiotech in writing of any alleged or threatened infringement of such Licensed Patents, CoStasis Ingredient Improvement Patents and Angiotech Improvement Patents of which it becomes aware, and shall provide to Angiotech available evidence thereof.
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By Orthovita. Orthovita shall indemnify and hold Howmedica and its ------------ Affiliates harmless from and against any and all Losses which arise out of the use by a third party of any Product supplied hereunder to the extent such Losses result from the failure of such Product to meet the Specifications and product warranties provided for in this Agreement, except to the extent such Losses result from Howmedica's negligence or willful misconduct.
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By Orthovita. Orthovita agrees to defend and indemnify and hold Allergan and its Affiliates harmless against any and all claims, suits, proceedings, expenses, recoveries and damages of or by third parties, including court costs and reasonable attorneys fees and expenses, to the extent they arise out of, are based on, or are caused by (i) alleged defects in the design of Collagen, (ii) any allegation or claim that the design for Collagen infringes upon the intellectual property rights of third parties, (iii) statements, whether written or oral, made or alleged to be made by Orthovita or any other party on the packaging or labeling of any of the Collagen, or in the advertising, publicity, promotion, or sale of any Collagen (iv) the storage, sale, shipment, promotion, or distribution of Collagen, or (v) the use or operation of Collagen, or (vi) Collagen that Orthovita knows does not meet the Specifications, either by notification of Allergan or any other source, and that Orthovita decides to use as is, except to the extent that such arises from the negligent acts or omissions of Allergan. Allergan will promptly notify Orthovita of any such claim or demand which comes to its attention
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