Product Indemnification. Silk Road Medical will defend, indemnify, and hold Lake Region harmless from and against any and all liabilities, claims and demands for injury to or death of persons or damage to property arising out of or in connection with the sale, use or application of any Product
Product Indemnification. Subject to the provisions of this Section 6.7, Orchid agrees to defend, indemnify and hold harmless Xxxxxxx from any and all damages arising from injury or damage to persons or property (including without limitation, product liability or infringement of any proprietary rights) resulting directly or indirectly from Orchid's use, development, manufacture, licensing, marketing, sale or other disposition or any other commercial exploitation of any Product or Service, except those which result from the gross negligence or willful misconduct of Xxxxxxx. Xxxxxxx shall promptly notify Orchid of any claim which is to be indemnified hereunder and Orchid shall have the sole right to defend, settle or compromise any such action or claim.
Product Indemnification. BMI agrees to defend, indemnify and hold harmless CollaGenex from any and all Damages arising from injury or damage to persons or property resulting directly or indirectly from BMI's use, manufacture, sale or other disposition of any Products in the Territory. BMI will utilize its best efforts to obtain liability insurance covering the manufacture and sale of Products on terms and in amounts as are customary for the pharmaceutical industry.
Product Indemnification. Each party shall indemnify and defend the other party against any and all claims, suits, losses, expenses, and liabilities, for bodily injury, personal injury, death, and property damage asserted or brought or asserted by any person or entity arising out of the design, installation or use of any Product Unit(s) manufactured by FIC under this Agreement unless such claim alleges that FIC's manufacturing process is directly or indirectly at fault. Such indemnification shall include attorney's fees and all other costs incurred by FIC in the defense of such claims, asserted liabilities or causes of actions. Both parties shall carry and maintain liability insurance coverage to satisfactorily cover its obligations under this Agreement.
Product Indemnification. Customer agrees that it shall indemnify SYNNEX against any and all third-party Claims hereafter brought or asserted by any person or entity arising out of the design, installation or use of any units of Product(s) manufactured by SYNNEX under this Agreement, except to the extent such Claim results from such units of Product(s) not substantially conforming to their Specifications or being materially defective in workmanship. Such indemnification obligation shall be conditioned upon SYNNEX promptly notifying Customer of any such Claim. Such indemnification shall include reasonable attorneys’ fees and other costs incurred by SYNNEX in the defense of any Claim. Such indemnification is conditioned upon Customer having sole and exclusive control over the defense of any such Claim. Customer shall not enter into any settlement that affects SYNNEX’s rights or interests without SYNNEX’s prior written approval. Customer shall have no authority to settle any Claim on behalf of SYNNEX.
Product Indemnification. Seller will indemnify, defend and hold harmless Buyer, its officers, employees, agents, successors, assigns, customers, and users of its products from and against any and all losses, expenses, damages, claims, suits and liabilities (including recall, repair and replacement expenses and other incidental and consequential damages; court costs and attorneys' fees) arising as a result of actual or alleged breach of any warranties or other terms contained herein or arising under any strict tort or negligence Draft of 5/29/90 claims premised on either an actual or alleged defect in the Goods. At Buyer's request, Seller will assume promptly full responsibility for the defense of any action described in this paragraph which may be brought or threatened by a third party against Seller and/or Buyer.
Product Indemnification. Paragraph 7 Infringement Indemnification Paragraph 13 Proprietary Information-- Confidentiality--Advertising Paragraph 14 License to Repair; Use of Copyrighted Materials Paragraph 15 Indemnity/Insurance
Product Indemnification. Supplier agrees to defend, indemnify and hold AmerisourceBergen and each of its subsidiaries and affiliates harmless against any and all claims, losses, damages, and liabilities whatsoever (and expenses connected therewith, including counsel fees) arising as a result of (a) any actual or asserted violation(s) of the Act or any other federal, state or local law or regulation by virtue of winch products or merchandise sold, supplied, or delivered by Supplier shall be alleged or determined to be adulterated misbranded, mislabeled or otherwise not in full compliance with or in contravention of any federal, state or local law or regulation, (b) the possession, distribution, sale and/or use of or by reason of the seizure of, any of the Supplier's Products, including any prosecution or action whatsoever by any governmental body or agency or by any private party, including claims of bodily injury, death or property damage, and (c) any actual or asserted claim that Supplier's Products or merchandise infringe any proprietary or intellectual property rights of any person, including without limitation the infringement of any trademarks or service names, trade names, trade secrets, inventions, patents or the violation of any copyright laws or any other applicable federal, state or local laws.
Product Indemnification. Vendor shall defend at its expense and hold Reseller and its affiliates harmless from any actions, claims, damages and judgments to the extent that they are based on claims that a Product sold or distributed by Reseller breached a warranty or resulted in harm to persons or property. Reseller shall notify Vendor promptly in writing of any such claim and give Vendor complete authority and information required for the defense and settlement of such claims. In such case, Vendor shall pay all costs, damages and settlements, including attorneys' fees, awarded against Reseller as a result of such claims.
Product Indemnification. MDA agrees to indemnify, defend and hold harmless ArthroCare and its officers, directors, employees and agents from and against any and all losses, liabilities, claims, obligations, costs, expenses (including, without limitation, reasonable attorneys’ fees) which result from, arise out of or in connection with (a) any claim alleging that any Product infringes or misappropriates any Intellectual Property right of any third party, or (b) any product liability or similar claim including, without limitation, any claim for personal injury or injury to property relating to the development, testing, manufacture, promotion, distribution, use or other commercialization of any Product.