Common use of Other Indemnity Clause in Contracts

Other Indemnity. Each party shall indemnify and hold the other party, its Affiliates and sublicensees harmless from and against all Liabilities suffered or incurred in connection with third-party claims for personal injuries or any product recall to the extent caused by (a) any failure to test for or provide adequate warnings of adverse side effects to the extent such failure arises out of the negligence, recklessness or intentional misconduct in connection with the indemnifying party's preclinical or clinical testing obligations hereunder, (b) any manufacturing defect in any Product or any other material manufactured by the indemnifying party, its Affiliates or its sublicensees or (c) any other act or omission (without regard to culpable conduct) of the indemnifying party, its Affiliates or its sublicensees in connection with the activities contemplated under this Agreement; except in each case to the extent such Liabilities resulted from the negligence, recklessness or intentional misconduct of the other party.

Appears in 2 contracts

Samples: Research Collaboration and License Agreement (Corixa Corp), Research Collaboration and License Agreement (Corixa Corp)

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Other Indemnity. Each party shall indemnify and hold the other --------------- party, its Affiliates and sublicensees harmless from and against all Liabilities suffered or incurred in connection with third-party claims for personal injuries or any product recall to the extent caused by (a) any failure to test for or provide adequate warnings of adverse side effects to the extent such failure arises out of the negligence, recklessness or intentional misconduct in connection with the indemnifying party's preclinical or clinical testing obligations hereunder, (b) any manufacturing defect in any Product or any other material manufactured by the indemnifying party, its Affiliates or its sublicensees or (c) any other act or omission (without regard to culpable conduct) of the indemnifying party, its Affiliates or its sublicensees in connection with the activities contemplated under this Agreement; except in each case to the extent such Liabilities resulted from the negligence, recklessness or intentional misconduct of the other party.

Appears in 1 contract

Samples: License Agreement (Icos Corp / De)

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Other Indemnity. Each party Party shall indemnify and hold the other partyParty, its Affiliates and sublicensees harmless from and against all Liabilities suffered or incurred in connection with third-third party claims for personal injuries or any product recall to the extent caused by by: (a) any failure to test for or provide adequate warnings of adverse side effects to the extent such failure arises out of the negligence, recklessness or intentional misconduct in connection with the indemnifying partyParty's preclinical or clinical testing obligations hereunder, (b) any manufacturing defect in any Product or any other material manufactured by the indemnifying partyParty, its Affiliates or its sublicensees permitted sublicensees, or (c) any other act or omission (without regard to culpable conduct) of the indemnifying partyParty, its Affiliates or its permitted sublicensees in connection with the activities contemplated under this Amended and Restated Agreement; except in each case to the extent such Liabilities resulted from the negligence, recklessness or intentional misconduct of the other partyParty.

Appears in 1 contract

Samples: Development and License Agreement (Ligand Pharmaceuticals Inc)

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