Common use of TDCC Clause in Contracts

TDCC. TDCC agrees to indemnify, defend and hold harmless Symyx and its Affiliates and their respective directors, officers, employees, agents and their respective successors, heirs and assigns (the "Symyx Indemnitees") from and against any losses, costs, reasonable expense from lost time of Symyx employees, claims, damages, liabilities or expense (including reasonable attorneys' and professional fees and other expenses of litigation) (collectively, "Liabilities") arising, directly or indirectly out of or in connection with Third Party claims, suits, actions, demands or judgments, including without limitation, personal injury, product liability, patent infringement and trade secret misappropriation matters, suits, actions or demands relating to (i) any Agreement Compounds or Products which are developed, manufactured, used, sold or otherwise distributed by or on behalf of TDCC, its Affiliates, Sublicensees or other designees (other than Symyx, its Affiliates and licensees), (ii) TDCC's activities in performing the Research Program, (iii) Symyx's research activities in performing the Research Program arising in circumstances where TDCC has directed these activities pursuant to Section 3.6, and (iv) any breach by TDCC of the representations and warranties made in this Agreement, except, in each case, to the extent such Liabilities result from the negligence or intentional misconduct of the Symyx Indemnitees. Except as expressly set forth herein regarding reasonable expenses from lost time of Symyx employees, indemnification hereunder does not include any consequential damages or lost profits which may be suffered by the Symyx Indemnitees.

TDCC. TDCC agrees to indemnify, defend and hold harmless Symyx and its Affiliates and their respective directors, officers, employees, agents and their respective successors, heirs and assigns (the "“Symyx Indemnitees"”) from and against any losses, costs, reasonable expense from lost time of Symyx employees, claims, damages, liabilities or expense (including reasonable attorneys' ’ and professional fees and other expenses of litigation) (collectively, "“Liabilities"”) arising, directly or indirectly out of or in connection with Third Party claims, suits, actions, demands or judgments, including without limitation, personal injury, product liability, patent infringement and trade secret misappropriation matters, suits, actions or demands relating to (i) any Agreement Compounds or Products which are developed, manufactured, used, sold or otherwise distributed by or on behalf of TDCC, its Affiliates, Sublicensees or other designees (other than Symyx, its Affiliates and licensees), (ii) TDCC's ’s activities in performing the Research Program, (iii) Symyx's ’s research activities in performing the Research Program arising in circumstances where TDCC has directed these activities pursuant to Section 3.6, and (iv) any breach by TDCC of the representations and warranties made in this Agreement, except, in each case, to the extent such Liabilities result from the negligence or intentional misconduct of the Symyx Indemnitees. Except as expressly set forth herein regarding reasonable expenses from lost time of Symyx employees, indemnification hereunder does not include any consequential damages or lost profits which may be suffered by the Symyx Indemnitees.