By Pioneer Sample Clauses

By Pioneer. Subject to Section 13.3, Pioneer shall indemnify, defend or settle and hold NBY and its affiliates harmless from and against any and all Losses resulting from any Third Party Claim arising out of: (a) any breach by Pioneer of its obligations, duties or responsibilities under this Agreement, including but not limited to any non-compliance by Pioneer or its affiliates with applicable laws of the Peoples Republic of China, or the failure of Pioneer to obtain any required permits, consents or approvals for NBY to issue the NBY common stock to Pioneer Pharma (Singapore) Pte Ltd. that it may issue pursuant to the terms of Section 4.2 and Exhibit D hereof; (b) the gross negligence or intentional misconduct of Pioneer or any of its agents, directors, officers and employees, (c) any acts or omissions of Pioneer or its personnel in Distributing or developing the Product; in each case except to the extent such Third Party Claim is covered by NBY’s indemnification obligations above.
Sample 1
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By Pioneer. Subject to Section (c), Pioneer shall indemnify, defend or settle and hold NBY and its affiliates harmless from and against any and all Losses resulting from any Third Party Claim arising out of: (a) any breach by Pioneer of its obligations, duties or responsibilities under this Agreement; (b) the gross negligence or intentional misconduct of Pioneer or any of its agents, directors, officers and employees, (c) any acts or omissions of Pioneer or its personnel in Distributing or developing the Product; in each case except to the extent such Third Party Claim is covered by NBY’s indemnification obligations above.
Sample 1
By Pioneer. Subject to Section 11.3, Pioneer shall indemnify, defend or settle and hold NovaBay and its other affiliates harmless from and against any and all liabilities, damages or expenses (including reasonable legal expenses and attorneys’ fees) (collectively, “Losses”) resulting from any suit, claim, action or demand brought by a third party (each, a “Third Party Claim”) arising out of: (a) any breach of any of Pioneer’s representations and warranties under Section 8, or (b) the gross negligence or intentional misconduct of Pioneer or any of its agents, directors, officers or employees; in each case except to the extent such Third Party Claim is covered by NovaBay’s indemnification obligations below.
Sample 1

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