Common use of Indemnification by ▇▇▇▇ Clause in Contracts

Indemnification by ▇▇▇▇. Bolt shall defend, indemnify and hold harmless VEGAMOUR, its affiliates, officers, directors, employees and agents (each, an “VEGAMOUR Indemnitee”) from and against any damages, liability, losses, costs and expenses (including reasonable attorneys' fees) incurred by any VEGAMOUR Indemnitee in connection with any claim, action, suit or proceeding arising from or related to: (a) the bSilk Powder, including death or bodily injury resulting from use of the bSilk Powder or the distribution or use thereof, except to the extent caused by the negligence or willful misconduct of VEGAMOUR; (b) any material breach of Bolt's representations, warranties or obligations under this Agreement; (c) any allegation that the bSilk Powder infringes, misappropriates or violates any third-party intellectual property right; (d) product liability claims relating to bSilk Powder; or (e) Bolt's gross negligence or willful misconduct. If any bSilk Powder or its use is held to constitute an infringement, misappropriation or violation of any third-party intellectual property right, or if in Bolt's opinion, any portion of such bSilk Powder is, or is likely to be held to constitute an infringement, misappropriation or violation of a third-party's intellectual property rights, Bolt will, at its expense and option: (i) procure the right for VEGAMOUR to continue using such bSilk Powder; or (ii) replace or modify such bSilk Powder with a non-infringing and non-misappropriating equivalent. If none of the foregoing options is economically feasible, Bolt shall so notify VEGAMOUR, and VEGAMOUR shall be entitled to terminate this Agreement.