Common use of Insurance and Indemnities Clause in Contracts

Insurance and Indemnities. Each Party shall effect and maintain adequate insurance to cover its conduct of the Research Project. The Party with the right to use and commercialise the Research Results does so at its own risk. Each Party releases and indemnifies and will continue to release and indemnify the other Party and its Representatives from and against all actions, claims, demands, costs and expenses (including the costs of defending or settling any action, claim or demand) made, sustained, brought or prosecuted in any manner directly based upon, occasioned by or attributable to any injury to any person (including death) or loss of or damage to property (including any infringement of Intellectual Property Rights) which may arise in relation to: or be a consequence of, disclosure or use of any Confidential Information in breach of this Agreement including but not limited to its use or commercialisation of the Research Results (if permitted); any unlawful or negligent act or omission of the Party or its Representatives under this Agreement; a breach of the terms and conditions of this Agreement by the Party; and the use of any product or process incorporating or produced using the Research Results. The provisions of this Clause 8 shall survive expiration or termination of this Agreement.

Appears in 4 contracts

Samples: Research Collaboration Agreement, Research Collaboration Agreement, Research Collaboration Agreement

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Insurance and Indemnities. Each Party shall effect and maintain adequate insurance to cover its conduct of the Research Project. The Party with the right to use and commercialise the Research Results does so at its own risk. Each Party releases and indemnifies and will continue to release and indemnify the other Party and its Representatives from and against all actions, claims, demands, costs and expenses (including the costs of defending or settling any action, claim or demand) made, sustained, brought or prosecuted in any manner directly based upon, occasioned by or attributable to any injury to any person (including death) or loss of or damage to property (including any infringement of Intellectual Property Rights) which may arise in relation to: or be a consequence of, disclosure or use of any Confidential Information in breach of this Agreement including but not limited to its use or commercialisation of the Research Results (if permitted); any unlawful or negligent act or omission of the Party or its Representatives under this Agreement; a breach of the terms and conditions of this Agreement by the Party; and the use of any product or process incorporating or produced using the Research Results. A Party’s liability to indemnify the other Party under clause 9.3 will be reduced proportionately to the extent that any negligent or unlawful act or omission on the other Party’s part contributed to the relevant loss, damage, expense or liability. The provisions of this Clause 8 clause 9 shall survive expiration or termination of this Agreement.

Appears in 1 contract

Samples: Research Collaboration Agreement

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