Indemnification by DPT. Subject to paragraph 7.6 above, DPT will indemnify, defend and hold SERENITY 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 SERENITY to the extent arising from DPT's breach of this Agreement, including without limitation, its warranties set forth in Section VII hereof, and/or the negligence or willful misconduct of DPT, its officers, directors, employees, agents or other representatives in connection with this Agreement. Notwithstanding the foregoing, under no circumstances shall DPT have any responsibility for product liability or personal injury claims of such third parties which arise from the sale, distribution or any use of Product which meets the Specifications or otherwise covered by SERENITY's indemnity obligations under this Agreement.
Appears in 1 contract
Sources: Manufacturing Agreement (Avadel Pharmaceuticals PLC)
Indemnification by DPT. Subject to paragraph 7.6 6.8 above, DPT will indemnify, defend indemnify and hold SERENITY COMPANY harmless against any and all liability, damage, loss, cost, or expense (including reasonable attorney's ’s fees) resulting from any third party claims made or suits brought against SERENITY to the extent arising COMPANY which arise from DPT's ’s breach of this Agreement, including without limitation, its warranties set forth in Section VII VI hereof, and/or the including for DPT’s negligence or and willful misconduct of DPT, its officers, directors, employees, agents or other representatives in connection with this Agreementup to [*****]. Notwithstanding the foregoing, under no circumstances shall DPT have any responsibility for product liability or personal injury claims of such third parties which arise from the sale, distribution or any use of Product which meets the Specifications or otherwise covered by SERENITY's indemnity obligations under this AgreementSpecifications.
Appears in 1 contract
Sources: Manufacturing Agreement (Anacor Pharmaceuticals, Inc.)