Common use of Proton Clause in Contracts

Proton. Except as otherwise provided in this Agreement and ------ subject to the provisions of Section 9.1 hereof, Proton agrees to defend, indemnify and hold ▇▇▇▇▇▇▇▇, Matheson's affiliates and their employees and agents, harmless from and against (a) all claims, demands, actions, lawsuits, losses, damages, costs or expenses (including reasonable attorneys' fees) (any of the foregoing, "Losses") arising out of, or in connection with, or resulting from (i) the breach by Proton of its obligations under this Agreement, or (ii) Proton's actions relating to the manufacture or supply by Proton of Systems hereunder; and (b) all Losses relating to product liability claims arising out of, or in connection with, or resulting from defects in the Systems or the manufacture and supply by Proton of Systems, so long as any such Losses referred to in this clause (b) do not arise due to acts or omissions of ▇▇▇▇▇▇▇▇, including any modifications made by ▇▇▇▇▇▇▇▇ to the Systems. Except as expressly provided herein, Proton shall not be liable to ▇▇▇▇▇▇▇▇ for damage to property or injury to persons resulting from any action or failure to act by ▇▇▇▇▇▇▇▇ or its employees and agents.

Appears in 3 contracts

Sources: Development, Marketing and Distribution Agreement (Proton Energy Systems Inc), Development, Marketing and Distribution Agreement (Proton Energy Systems Inc), Development, Marketing and Distribution Agreement (Proton Energy Systems Inc)