Common use of INDEMNIFICATION BY SCRIPTGEN Clause in Contracts

INDEMNIFICATION BY SCRIPTGEN. Scriptgen agrees to indemnify, defend and hold Lilly harmless from and against any losses which arise from any claim, lawsuit or other action by a third party arising out of the execution by Scriptgen of this Agreement, the performance or breach by Scriptgen of its warranties or obligations under this Agreement, or the negligence or willful misconduct of Scriptgen, its employees or its agents within the scope of this Agreement, except to the extent such losses result from (i) the breach by Lilly of its warranties or obligations hereunder or (ii) the negligence or- willful misconduct of Lilly, its employees or its agents within the scope of this Agreement.