Client Indemnification. Client shall indemnify, defend and hold harmless B▇▇▇▇▇ and its Affiliates and any of their respective directors, officers, employees, subcontractors and agents (collectively the “Indemnified B▇▇▇▇▇ Parties”) from and against any and all liabilities, obligations, penalties, claims, judgments, demands, actions, disbursements of any kind and nature, suits, losses, damages, costs and expenses (including, without limitation, reasonable attorney’s fees) arising out of or in connection with property damage or personal injury (including without limitation death) of third parties (collectively, the “Claims”) including without limitation Claims allegedly resulting from the negligent acts or omission of the Indemnified B▇▇▇▇▇ Parties or for acts or omissions for which the Indemnified B▇▇▇▇▇ Parties otherwise would be strictly liable, in connection with (a) Client’s transport, storage, promotion, labeling, marketing, distribution, use or sale of Product, (b) Client’s negligence or willful misconduct, (c) Client’s breach of its representations or warranties under this Agreement, or (d) any claim that the use, sale, Production (except Claims solely resulting from B▇▇▇▇▇’▇ use of B▇▇▇▇▇ SOP’s in the Production), marketing or distribution of Product by B▇▇▇▇▇ or Client violates the patent, trademark, copyright or other proprietary rights of any third party, except as provided in Section 14.2.
Appears in 2 contracts
Sources: Commercial Manufacturing and Supply Agreement (Oasmia Pharmaceutical AB), Commercial Manufacturing and Supply Agreement (Oasmia Pharmaceutical AB)
Client Indemnification. Client shall indemnify, defend and hold harmless B▇▇▇▇▇▇ and its Affiliates and any of their respective directors, officers, employees, subcontractors and agents (collectively the “Indemnified B▇▇▇▇▇▇ Parties”) from and against any and all liabilities, obligations, penalties, claims, judgments, demands, actions, disbursements of any kind and nature, suits, losses, damages, costs and expenses (including, without limitation, reasonable attorney’s fees) arising out of or in connection with property damage or personal injury (including without limitation death) of third parties (collectively, the “Claims”) including without limitation Claims allegedly resulting from the negligent acts or omission of the Indemnified B▇▇▇▇▇ Baxter Parties or for acts or omissions for which the Indemnified B▇▇▇▇▇ Baxter Parties otherwise would be strictly liable, in connection with (a) Client’s transport, storage, promotion, labeling, marketing, distribution, use or sale of Product, (b) Client’s negligence or willful misconduct, (c) Client’s breach of its representations or warranties under this Agreement, or (d) any claim that the use, sale, Production (except Claims solely resulting from B▇▇▇▇▇▇’▇ use of B▇▇▇▇▇ Baxter SOP’s in the Production), marketing or distribution of Product by B▇▇▇▇▇ Baxter or Client violates the patent, trademark, copyright or other proprietary rights of any third party, except as provided in Section 14.2.
Appears in 1 contract
Sources: Master Manufacturing and Supply Agreement (Oasmia Pharmaceutical AB)
Client Indemnification. Client shall indemnify, defend and hold harmless B▇▇▇▇▇ and its Affiliates and any of their respective directors, officers, employees, subcontractors and agents (collectively the “Indemnified B▇▇▇▇▇ Parties”) from and against any and all liabilities, obligations, penalties, claims, judgments, demands, actions, disbursements of any kind and nature, suits, losses, damages, costs and expenses (including, without limitation, reasonable attorney’s fees) arising out of or in connection with property damage or personal injury (including without limitation death) of third parties (collectively, the “Claims”) including without limitation Claims allegedly resulting from the negligent acts or omission of the Indemnified B▇▇▇▇▇ Baxter Parties or for acts or omissions for which the Indemnified B▇▇▇▇▇ Baxter Parties otherwise would be strictly liable, in connection with (a) Client’s transport, storage, promotion, labeling, marketing, distribution, use or sale of Product, (b) Client’s negligence or willful misconduct, (c) Client’s breach of its representations or warranties under this Agreement, or (d) any claim that the use, sale, Production (except Claims solely resulting from B▇▇▇▇▇’▇ use of B▇▇▇▇▇ Baxter SOP’s in the Production), marketing or distribution of Product by B▇▇▇▇▇ Baxter or Client violates the patent, trademark, copyright or other proprietary rights of any third party, except as provided in Section 14.2.
Appears in 1 contract
Sources: Master Manufacturing and Supply Agreement (Oasmia Pharmaceutical AB)
Client Indemnification. Client shall indemnify, defend and hold harmless B▇▇▇▇▇ Ology Bio and its Affiliates and any of their respective directors, officers, employees, subcontractors and agents (collectively collectively, the “Ology Bio Indemnified B▇▇▇▇▇ Parties”) from and against any and all liabilities, obligations, penalties, claims, judgments, demands, actions, disbursements of any kind and nature, suits, losses, damages, costs and expenses (including, without limitation, reasonable attorney’s fees) arising out (“Losses”) to, and claims, demands, actions, suits, including claims of or in connection with property damage damage, death or personal injury (including without limitation death) of third parties (collectively, the “Claims”) including without limitation Claims allegedly resulting from the negligent acts or omission of the Indemnified B▇▇▇▇▇ Parties or for acts or omissions for which the Indemnified B▇▇▇▇▇ Parties otherwise would be strictly liableliable (collectively, “Claims”) by a third party, in connection with pending or threatened litigation or other proceedings, which arise out of or relate to any one of the following:
(a) Client’s transport, storage, promotion, labeling, marketing, distribution, use or sale of Product, ;
(b) ClientOlogy Bio’s negligence or willful misconduct, use of the BDS;
(c) Client’s breach of its representations gross negligence or warranties under this Agreement, or willful misconduct;
(d) Materials provided by Client;
(e) Client’s material breach of any claim that the usecovenant, sale, Production representation or warranty contained in this Agreement; or
(except Claims solely resulting from B▇▇▇▇▇’▇ use of B▇▇▇▇▇ SOP’s in the Production), marketing f) or distribution of BDS or Product by B▇▇▇▇▇ Ology Bio or Client or if such violates the patent, trademark, copyright or other proprietary rights of any third party, except as provided in Section 14.2to the extent the foregoing (a), (b), (d) or (f) is caused solely by the gross negligence or willful misconduct of Ology Bio.
Appears in 1 contract
Sources: Master Service Agreement (Blue Water Vaccines Inc.)