Common use of Indemnification by CMS Clause in Contracts

Indemnification by CMS. CMS shall defend, indemnify and hold harmless SMSI and its directors, employees, agents and affiliates from and against all claims, causes of action, settlement costs, other costs (including reasonable attorney fees and expenses), damages, losses or liabilities of any kind ("Liabilities") incurred in connection with any claim asserted by a Third Party: (A) based on death, personal injury or damage to property resulting from use of a Licensed Product unless it is judicially determined by entry of a final non-appealable order of a court of competent jurisdiction that such death, personal injury or damage to property was caused by the gross negligence or willful misconduct of SMSI; or (B) that any Licensed Product containing a CMS Disposable Product or a CMS Reusable Product infringes upon any presently or future issued U.S. or foreign patent or any copyright or trade secret of any Third Party.