Direct Indemnity. Each party shall indemnify and hold the other party, ---------------- its Affiliates and sublicensees harmless, and hereby forever releases and discharges the other party, its Affiliates and sublicensees, from and against all claims demands, liabilities, damages and expenses, including attorneys fees and costs (all "Liabilities") arising out of any breach of a representation or warranty contained in Section 2 hereof, negligence, recklessness or intentional wrongful acts or omissions of the indemnifying party, its Affiliates or sublicensees in connection with the work performed by such party during the term of this Agreement except in each case to the extent such Liabilities resulted from negligence, recklessness or intentional wrongful acts or omissions of the other party. Neither party shall be CONFIDENTIAL TREATMENT REQUESTED [*] IS USED TO INDICATE THAT A PORTION OF THE EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. liable to the other for any indirect, incidental or consequential damages arising out of any terms or conditions in this Agreement or with respect to the performance thereof.
Appears in 2 contracts
Sources: Collaborative Commercialization and License Agreement (Catalytica Energy Systems Inc), Collaborative Commercialization and License Agreement (Catalytica Energy Systems Inc)