Common use of Indemnification by DPT Clause in Contracts

Indemnification by DPT. Subject to paragraph 6.6 above, DPT will indemnify and hold COMPANY harmless against any and all liability, damage, loss, cost, or expense (including reasonable attorney’s fees) resulting from any third party claims made or suits brought against COMPANY which arise from DPT’s breach of its warranties set forth in Section VI hereof, up to the amount of insurance coverage as provided for herein.

Appears in 4 contracts

Sources: Manufacturing Agreement (Insys Therapeutics, Inc.), Manufacturing Agreement (Insys Therapeutics, Inc.), Manufacturing Agreement (Insys Therapeutics, Inc.)

Indemnification by DPT. Subject to paragraph 6.6 above, DPT will indemnify indemnify, defend, and hold COMPANY harmless against any and all liability, damage, loss, cost, or expense (including reasonable attorney’s fees) resulting from any third third-party claims made or suits brought against COMPANY which arise from DPT’s willful malfeasance, breach of its warranties set forth in Section VI hereof, up to the amount of insurance coverage as provided for hereinherein or any other material breach of this Agreement.

Appears in 1 contract

Sources: Manufacturing Agreement (Auxilium Pharmaceuticals Inc)

Indemnification by DPT. Subject to paragraph 6.6 above, DPT will indemnify indemnify, defend, and hold COMPANY harmless against any and all liability, damage, loss, cost, or expense (including reasonable attorney’s fees) resulting from any third party claims made or suits brought against COMPANY which arise from DPT’s willful malfeasance, breach of its warranties set forth in Section VI hereof, up to the amount of insurance coverage as provided for hereinherein or any other material breach of this Agreement.

Appears in 1 contract

Sources: Manufacturing Agreement (Auxilium Pharmaceuticals Inc)

Indemnification by DPT. Subject to paragraph 6.6 above, DPT will shall indemnify and hold COMPANY harmless against any from all costs, damages and all liability, damage, loss, cost, or expense (including reasonable attorney’s fees) resulting from arising out of any third party claims made suit or suits action brought against COMPANY which arise from DPT’s breach of its warranties set forth in Section VI hereof, up to the amount of insurance coverage as provided for hereinbased upon a claim that any process or technical data furnished or utilized by DPT infringes any patent or other proprietary rights.

Appears in 1 contract

Sources: Manufacturing Agreement (Barrier Therapeutics Inc)

Indemnification by DPT. Subject to paragraph 6.6 above, DPT will indemnify and hold COMPANY COMPANY, its officers, agents and employees harmless against any and all liability, damage, fine, judgment, loss, cost, or expense (including reasonable attorney’s fees) resulting from any third party claims made or suits brought against COMPANY which arise from DPT’s breach of its warranties set forth in Section VI hereof, up to the amount of provided such sum does not exceed available insurance coverage as provided for hereincoverage.

Appears in 1 contract

Sources: Manufacturing Agreement (Barrier Therapeutics Inc)