Common use of Design Defect Clause in Contracts

Design Defect. The party that develops a Product shall indemnify, defend and hold harmless the other party and its officers, employees and agents and their respective successors, heirs and assigns (the "Design Defect Indemnitees"), against any liability, damage, loss or expense (including reasonable attorney's fees and expenses of litigation) incurred by or imposed upon the Design Defect Indemnitees or any one of them in connection with any claims, suits, actions, demands or judgment arising out of any theory of design defect (including, but not limited to, actions in the form of tort, warranty or strict liability) concerning such Product.