Exceptions to Indemnity. Any liability, loss or damage to the extent resulting from gross negligence or willful malfeasance by an Indemnitee is excluded from the undertakings in this Section 7 to indemnify, defend and hold harmless such Indemnitee. Deviations from the terms of the Protocol that may arise out of clinical or medical necessity do not constitute gross negligence or willful malfeasance.
Appears in 3 contracts
Sources: Clinical Trial Agreement (Syndax Pharmaceuticals Inc), Clinical Trial Agreement (Syndax Pharmaceuticals Inc), Clinical Trial Agreement (Syndax Pharmaceuticals Inc)