ORTHO. ORTHO further agrees to defend, indemnify and hold harmless WFHC, its officers, directors, agents, employees and Affiliates, from and against (i) all claims, monetary judgments, assessed damages and reasonable attorney fees incurred by or assessed against WFHC for activities prior to any termination of this Agreement on account of any claim that the manufacture, use or sale of the Product in the Territory infringes the patent, trademark or other intellectual property right of any third party, or (ii) any Claims on account of personal injuries (including death) or product liability claims or other loss or damage to third parties resulting from or relating to the manufacture, labeling, sale or use of the Product, unless and to the extent such loss or damage was primarily due to the negligence, recklessness or willful misconduct of WFHC (whether committed by affirmative act or by omission).
ORTHO. Ortho further agrees to defend, indemnify and hold harmless GTx, its officers, directors, agents, employees and Affiliates, from and against (i) all Claims incurred by or assessed against GTx for activities prior to any termination of this Agreement on account of any claim that the manufacture, use or sale of Collaboration Product in the Territory infringes the patent, trademark or other intellectual property right of any third party, or (ii) any Claims relating to personal injuries (including death) or product liability or other loss or damage by Third Parties resulting from or relating to the manufacture, labeling, sale, use, storage, transportation, distribution or handling of Collaboration Product, unless and to the extent such loss or damage was primarily due to the negligence, recklessness or willful misconduct of GTx (whether committed by affirmative act or by omission).
ORTHO. ORTHO further agrees to defend, indemnify and hold harmless WFHC, its officers, directors, agents, employees and Affiliates, from and against (i) all claims, monetary judgments, assessed damages and reasonable attorney fees incurred by or assessed against WFHC for activities prior to any termination of this Agreement on account of any claim that the manufacture, use or sale of ORTHO-PREFEST(TM) in the Territory infringes the patent, trademark or other intellectual property right of any third party, or (ii) any Claims on account of personal injuries (including death) or product liability claims or other loss or damage to third parties resulting from or relating to the manufacture, labeling, sale or use of ORTHO-PREFEST(TM), unless and to the extent such loss or damage was primarily due to the negligence, recklessness or willful misconduct of WFHC (whether committed by affirmative act or by omission).
