Common use of Indemnification of RPRP Clause in Contracts

Indemnification of RPRP. Introgen shall indemnify each of RPRP and its Affiliates and the directors, officers, employees, and counsel of RPRP and such Affiliates and the successors and assigns of any of the foregoing (the "RPRP Indemnitees"), pay on demand and protect, defend, save and hold each RPRP Indemnitee harmless from and against any and all liabilities, damages, losses, settlements, claims, actions, suits, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees and other expenses of litigation) (any of the foregoing, a "Claim") incurred by any RPRP Indemnitee, arising from or occurring as a result of (a) activities performed by or on behalf of Introgen in connection with Early Stage Development, (b) activities performed by Introgen in connection with the development of any Collaboration Product for commercialization outside North America, and (c) third party claims, including without limitation, product liability claims, relating to any Collaboration Products used, sold or otherwise distributed by Introgen, its Affiliates or Sublicensees (other than RPRP), or (d) third party claims relating to any Collaboration Products supplied by RPRP to Introgen for sale or use by Introgen, its Affiliates or Sublicensees outside North America, except in each case to the extent such claim is caused by the negligence or intentional misconduct by an RPRP Indemnitee. For purposes of this Section 17.2, it is understood that product liability claims that arise out of the marketing or use of a Collaboration Product in a country after obtaining governmental approval to market such Collaboration Product shall not be deemed to "arise from or occur as a result of" the activities of Introgen described in (a) above.