DUSA Sample Clauses

DUSA. DUSA represents and warrants that: (i) it has full power to enter into the Agreement; (ii) it has obtained all necessary corporate approvals to enter and execute into this Agreement; (iii) it has not entered and will not enter into any agreements with any third party that are inconsistent with this Agreement; and (iv) DUSA shall fully comply with the requirements of 16 any and all applicable federal, state, local and foreign laws, regulations, rules and orders of any governmental body having jurisdiction over the activities contemplated by this Agreement and the distribution of the Light Sources.
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DUSA. DUSA shall indemnify, defend and hold harmless NBC, its directors, officers, employees, agents, successors and assigns from and against [C.I.] against any of them by a third party alleging (i) [C.I.]; (ii) [C.I.]; and (iii) [C.I.], in each case subject to the requirements set forth in Section 11.3 below. Notwithstanding the foregoing, DUSA shall have no obligations under this Article 11 for any liabilities, expenses or costs arising out of or relating to claims covered under Section 11.2 below.
DUSA. DUSA represents and warrants that: (i) it has full power to enter into the Agreement; (ii) it has obtained all necessary corporate approvals to enter and execute into this Agreement; (iii) DUSA shall fully comply with the requirements of any and all applicable federal, state, local and foreign laws, regulations, rules and orders of any governmental body having jurisdiction over the activities contemplated by this Agreement and to the extent applicable to DUSA; and (iv) none of the ALA supplied by DUSA shall be adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. Section 301 et seq., as amended and in effect of the time of supply.
DUSA. DUSA shall indemnify, defend and hold harmless NSP, its directors, officers, employees, agents, successors and assigns from and against any liabilities, expenses or costs (including reasonable attorneys' fees and court costs) arising out of any claim, complaint, suit, proceeding or cause of action against any of them by a third party alleging physical injury or death resulting from (i) the clinical testing of the Products by or on behalf of DUSA; (ii) the promotion, distribution, sale, handling, possession, or use of the Products by or on behalf of DUSA following acceptance of such Product in accordance with Section 3.3 above; (iii) the negligent or intentionally wrongful acts or omissions of DUSA; and (iv) any breach by DUSA of its representations and warranties under Section 12.2 above, in each case subject to the requirements set forth in Section 13.3 below. Notwithstanding the foregoing, DUSA shall have no obligations under this Article 13 for any liabilities, expenses or costs arising out of or relating to claims covered under Section 13.2 below.
DUSA. DUSA shall keep complete, true and accurate books of accounts and records for the purpose of determining payments due pursuant to this Agreement. Such books and records shall be kept open at the principal place of business of DUSA and be for [c.i.] following the end of the [c.i.] to which they pertain. Such records will be open for inspection during such [c.i.] by

Related to DUSA

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