Common use of Cubist Clause in Contracts

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.