Warner's Indemnification Clause Samples

Warner's Indemnification. Warner shall defend, indemnify and hold harmless Duramed, its officers, agents, employees and Affiliates from any loss, claim, action, damage, expense or liability (including defense costs and attorneys' fees) asserted by a third party ("Claim") arising out of or related to (a) any injury to Warner employees while at the Duramed Facility, (b) the negligent handling, possession, use or sale of the Product following delivery to Warner, (c) patent infringement of a third party's patent by the Manufacture as set forth in the Master Batch Record, (d) use or sale of the Product by any third party, or (e) Warner's failure to provide the MSDS information set forth in Section 14.1 hereof; except to the extent any Claim set forth herein is based on, arises out of, is engendered by or is due to the negligence or wilful misconduct of Duramed or its Affiliates, officers, agents or employees.