ROW Territory. Pfizer shall indemnify, defend and hold the Eyetech Parties harmless from and against [**] percent ([**]%) of the amount of any and all Losses arising out of or resulting from any Third Party Claims involving any actual or alleged infringement of any trademarks, patent rights or other intellectual property rights, or misappropriation of trade secrets, of any Person in connection with the manufacture, use, sale or importation of the Product in the ROW Territory or in connection with the manufacture or use of the Product in the US Territory for subsequent importation and/or sale in the ROW Territory (other than Losses for which Eyetech is obligated to indemnify Pfizer pursuant to Section 12.4 and other than Losses relating to Products ultimately sold by Eyetech in the US Territory, which are governed by Section 12.6(b)(i)).
Appears in 3 contracts
Sources: Collaboration Agreement (Eyetech Pharmaceuticals Inc), Collaboration Agreement (Eyetech Pharmaceuticals Inc), Collaboration Agreement (Osi Pharmaceuticals Inc)