Cubist Clause Samples
Cubist. Cubist shall not promote, sell, or offer for sale a Licensed Product for use within the Territory (except for sales to Chiron pursuant to this Agreement or the Supply Agreement). Cubist shall require any of its Other Licensees and distributors of Licensed Products to make a covenant similar to that provided in this Section 2.7(b) with respect to Licensed Products.
Cubist. Cubist represents and warrants to Gilead as follows:
Cubist. Cubist agrees to indemnify, defend and hold Pharmacopeia and its directors, officers, employees and agents (the "Pharmacopeia Indemnitees") harmless from and against any losses, costs, claims, damages, liabilities or expense (including reasonable attorneys' and professional fees and court and other expenses of litigation) arising out of or in connection with third party claims relating to the use of the Library Sample under this Agreement, except to the extent due to the negligence or intentional misconduct of Pharmacopeia.
Cubist. Cubist shall not promote, sell, or offer for sale Licensed Products for use (except in connection with clinical trials of Licensed Product) within the Gilead Territory. Cubist shall be free to manufacture Licensed Products in the Gilead Territory in a manner consistent with the licenses granted to it in Article 6. Cubist shall require [*] to make a covenant similar to that provided in this Section 6.6(b) with respect to Licensed Products.