Common use of Indemnification by Patheon Clause in Contracts

Indemnification by Patheon. Patheon will indemnify Client, its Affiliates, and their respective directors, officers, employees, and agents (the “Client Indemnified Parties”), and defend and save each of them harmless from and against any Third Party Loss incurred by any of them in connection with, arising from, or occurring as a result of: (a) any claim of personal injury or property damage to the extent that the injury or damage is the result of a failure by Patheon to perform the Transfer Services in accordance with the terms of this Agreement; or (b) a claim that any Existing Patheon Intellectual Property employed in providing the Transfer Services infringes or misappropriates a United States patent or any other Intellectual *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Property rights except to the extent such claim is based on the use of Existing Client Intellectual Property in accordance with the terms and conditions of this Agreement; except, in each case for (a) and (b), for those Losses for which Client has an obligation to indemnify the Patheon Indemnified Parties pursuant to Section 7.1 above, as to which Losses each Party shall indemnify the other to the extent of their respective liability for such Losses; and provided, however, that Patheon will not be required to indemnify the Client Indemnified Parties with respect to any such Loss hereunder to the extent the same is caused by any breach of contract, negligent act or omission, or willful misconduct by Client or any or its Affiliates.

Indemnification by Patheon. Patheon will indemnify ClientPacira, its Affiliates, and their respective directors, officers, employees, and agents (the “Client Pacira Indemnified Parties”), and defend and save each of them harmless from and against any Third Party third party Loss incurred by any of them in connection with, arising from, or occurring as a result of: of (a) any claim of personal injury misrepresentation, negligence or property damage to the extent that the injury or damage is the result of a failure willful misconduct by Patheon to perform or its Affiliates and their respective directors, officers, employees and agents, in connection with the performance of Transfer Services in accordance with or the terms handling of this Agreementthe Product by Patheon; or (b) Patheon’s breach of any of its obligations, warranties, representations, or covenants hereunder; or (c) a claim that any Existing Patheon Intellectual Property Technology employed in providing the Transfer Services infringes or misappropriates a United States patent or any other Intellectual *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Property intellectual property rights except to the extent such claim is based on the use of Existing Client Intellectual Property Pacira’s Technology in accordance with the terms and conditions of this Agreement; except, in each case for (a) and (b)case, for those Losses for which Client Pacira has an obligation to indemnify the Patheon Indemnified Parties pursuant to Section 7.1 above, as to which Losses each Party shall indemnify the other to the extent of their respective liability for such Losses; and provided, however, that Patheon will not be required to indemnify the Client Pacira Indemnified Parties with respect to any such Loss hereunder to the extent the same is caused primarily by any breach of contract, negligent act or omission, or willful misconduct by Client Pacira or any or its Affiliates.