Indemnity and Insurance Clause Example with 7 Variations from Business Contracts
This page contains Indemnity and Insurance clauses in business contracts and legal agreements. An example clause is provided at the top of the page, followed by clauses with minor variations. You can view the text differences by selecting the "Show Differences" option.
Indemnity and Insurance. a. Company shall indemnify, defend, and hold harmless Columbia, its trustees, officers, faculty, employees, students and agents, from and against any and all Third Party actions, suits, claims, demands, prosecutions, liabilities, costs, expenses, damages, deficiencies, losses or obligations (including reasonable legal fees) based on, arising out of, or relating to this Agreement, including, without limitation, (i) the discovery, development, manufacture, packaging, use, sale, offering for sale, ...importation, exportation, distribution, rental or lease of Products, even if altered for use for a purpose not intended, (ii) the use of Patents, Materials or Technical Information by Company, Sublicensees, Designees, or their Affiliates or customers, (iii) any representation made or warranty given by Company, Sublicensees, Designees, or their Affiliates with respect to Products, Patents, Materials or Technical Information, (iv) any infringement claims relating to Products, Patents, Materials or Technical Information, and (v) any asserted violation of the Export Laws (as defined in Section 14) by Company, Sublicensees, 21 Designees, or their Affiliates; in each case, except to the extent it is determined to arise from the gross negligence or intentional misconduct of any person or entity seeking indemnification hereunder Each indemnified person or entity shall promptly notify Company thereof and afford Company full control over the defense and settlement thereof, and reasonably cooperate with Company in such defense. Company shall reimburse Columbia for the actual fees, costs, and expenses (including legal fees) that it may incur in enforcing this provision. b. Commencing at least [***] prior to the first Product being offered for sale, Company shall obtain and maintain during the remaining term of this Agreement, Commercial General Liability insurance (including product liability and contractual liability coverage for Company's indemnity obligations under Section 12a) with reputable and financially secure insurance carriers reasonably acceptable to Columbia to cover the activities of Company, Sublicensees, Designees, and their Affiliates, for minimum limits of $[***] combined single limit for bodily injury and property damage per occurrence and in the aggregate. Such insurance shall include Columbia, its trustees, faculty, officers, employees and agents as additional insureds. Company shall furnish a certificate of insurance evidencing such coverage, with [***] days' written notice to Columbia of cancellation or material change in coverage. The minimum amounts of insurance coverage required herein shall not be construed as creating any limitation on the Company's indemnity obligation under Section 12a of this Agreement. c. Company's insurance shall be primary coverage; any insurance Columbia may purchase shall be excess and noncontributory. The Company's insurance shall be written to cover claims incurred, discovered, manifested, or made during or after the expiration of this Agreement. d. Company shall comply with all statutory workers' compensation and employers' liability requirements covering its employees with respect to activities performed under this Agreement.View More
Variations of a "Indemnity and Insurance" Clause from Business Contracts
Indemnity and Insurance. a. Company shall will indemnify, defend, and hold harmless Columbia, its trustees, officers, faculty, employees, students and agents, the AzTE Parties, from and against any and all Third Party third party actions, suits, claims, demands, prosecutions, liabilities, costs, expenses, damages, deficiencies, losses or obligations (including reasonable legal attorneys' fees) based on, arising out of, or relating to this Agreement, including, without limitation, (i) the breach of this Agreement, CONFID...ENTIAL 13 EXECUTION COPY (ii) the discovery, development, manufacture, packaging, use, sale, offering for sale, importation, exportation, distribution, rental or lease of Products, even if altered for use for a purpose not intended, (ii) (iii) the use of Patents, Materials or Technical Information Patents by Company, Sublicensees, Designees, Sublicensees or their Affiliates or customers, (iii) Affiliates, (iv) any representation made or warranty given by Company, Sublicensees, Designees, Sublicensees or their Affiliates with respect to Products, Products or Patents, Materials or Technical Information, (iv) (v) any infringement claims relating to Products, Patents, Materials arising from Company's, or Technical Information, one of its Sublicensees', or one of their respective Affiliates or customers', use or other exploitation of Products or Patents and (v) (vi) any asserted violation of the Export Laws (as defined in Section 14) 14 hereof) by Company, Sublicensees, 21 Designees, Sublicensees or their Affiliates; in each case, case except to the extent it is determined to arise from caused by any act or omission of the gross negligence or intentional misconduct of any person or entity seeking indemnification hereunder Each indemnified person or entity shall promptly notify Company thereof and afford Company full control over the defense and settlement thereof, and reasonably cooperate with Company in such defense. AzTE Parties. Company shall reimburse Columbia AzTE for the actual fees, costs, and expenses (including legal attorneys' fees) that it may incur in enforcing this provision. b. Commencing at least [***] prior to as of the initiation of the first Product being offered for sale, clinical trial of a Product, Company shall obtain and maintain thereafter maintain, during the remaining remainder of term of this Agreement, Commercial General Liability commercial general liability insurance (including product liability and contractual liability coverage for insurance applicable to Company's indemnity obligations under Section 12a) with reputable and financially secure insurance carriers reasonably acceptable to Columbia to cover the activities of Company, Sublicensees, Designees, Sublicensees and their Affiliates, for minimum limits of $[***] combined single limit for bodily injury and property damage per occurrence and in the aggregate. Such insurance shall include Columbia, AzTE, its trustees, faculty, officers, employees and agents as additional insureds. Upon AzTE's request, Company shall furnish a certificate of insurance evidencing such coverage, with [***] days' and provide at least thirty days written notice to Columbia AzTE of cancellation or material change in coverage. The minimum amounts of insurance coverage required herein shall not be construed as creating any limitation on the Company's indemnity obligation under Section 12a of this Agreement. c. Company's insurance shall be primary coverage; any insurance Columbia AzTE may purchase shall be excess and noncontributory. The Company's insurance shall be written to cover claims incurred, discovered, manifested, or made during or after the expiration of this Agreement. d. Company shall at all times comply with all statutory workers' compensation and employers' liability requirements covering its employees with respect to activities performed under this Agreement. View More
Indemnity and Insurance. a. Indemnity. i. Company shall will indemnify, defend, and hold harmless Columbia, its trustees, officers, faculty, employees, students and agents, agents ("Indemnities"), from and against any and all Third Party actions, suits, claims, demands, prosecutions, prosecutions brought by a Third Party (each, a "Claim"), and indemnify the Indemnitees for any liabilities, costs, expenses, damages, deficiencies, losses or obligations (including reasonable legal attorneys' fees) finally awarded or agreed... to in settlement of any such Claim, to the extent any such Claim is based on, arising arises out of, or relating relates to this Agreement, including, without limitation, (i) the discovery, development, manufacture, packaging, use, sale, offering for sale, importation, exportation, distribution, rental or lease of Products, even if altered for use for a purpose not intended, (ii) the use of Patents, Materials Patents or Technical Information by Company, Sublicensees, Designees, the Sellers or their Affiliates or customers, (iii) any representation made or warranty given by Company, Sublicensees, Designees, or their Affiliates the Sellers with respect to Products, Patents, Materials Patents or Technical Information, (iv) any infringement claims relating to Products, Patents, Materials Patents or Technical Information, and (v) any asserted violation of the Export Laws (as defined in Section 14) 15 hereof) by Company, Sublicensees, 21 Designees, any of the Sellers. Company shall [*]. ii. In the event Columbia is seeking the benefit of the defense and indemnification obligations set forth in Section 12(a)(i), Columbia must notify Company in writing, promptly after receipt of actual notice of any Claim for which it seeks to recover; provided, however, any delay or their Affiliates; in each case, failure of notice shall not relieve Company of its obligations hereunder except to the extent it that Company is determined actually prejudiced by such delay or failure to arise from the gross negligence or intentional misconduct of any person or entity seeking indemnification hereunder Each indemnified person or entity shall promptly notify Company thereof and afford Company full control over the defense and settlement thereof, and reasonably cooperate with Company in such defense. notify. Company shall reimburse Columbia for the actual fees, costs, have sole control and expenses (including legal fees) that it may incur in enforcing this provision. b. Commencing at least [***] prior authority with respect to the first Product being offered for sale, defense, litigation, compromise or settlement of such Claim, except that any settlement involves any admission of wrongdoing or inequitable conduct by Columbia or any material commitments, responsibilities or obligations on the part of Columbia (other than the payment of money that can be fully satisfied by Company) shall require the prior written consent of Columbia, which consent shall not be unreasonably withheld, conditioned or delayed. Company shall obtain not be responsible for any settlement it does not approve in writing. Columbia shall provide reasonable information, cooperation and maintain assistance as required by Company (at Company's expense). Columbia reserves the right to participate at its own cost in any proceedings with counsel of its own choosing, however, Columbia shall at all times be subject to Company's sole control and authority with respect to defending, litigating or settling the Claim. b. Insurance. i. Company shall maintain, at all times during the remaining term of this Agreement, Commercial General Liability Agreement commencing at least [*] prior to [*], commercial general liability insurance (including product liability and contractual liability coverage for insurance applicable to Company's indemnity obligations under Section 12a) 12(a)) with reputable and financially secure insurance carriers reasonably acceptable to Columbia to cover the activities of Company, Sublicensees, Designees, and their Affiliates, for minimum limits of $[***] [*] combined single limit for bodily injury and property damage per occurrence and in the aggregate. Such insurance shall include Columbia, its trustees, faculty, officers, employees and agents as additional insureds. Company shall furnish a certificate of insurance evidencing such coverage, with [***] thirty days' written notice to Columbia of cancellation or material change in coverage. The minimum amounts of insurance coverage required herein shall not be construed as creating any limitation on the Company's indemnity obligation under Section 12a 12(a) of this Agreement. c. 18 ii. Company's insurance shall be primary coverage; any insurance Columbia may purchase shall be excess and noncontributory. The Company's insurance shall be written to cover claims incurred, discovered, manifested, or made during or after the expiration of this Agreement. d. iii. Company shall at all times comply with all statutory workers' compensation and employers' liability requirements covering its employees with respect to activities performed under this Agreement. View More
Indemnity and Insurance. a. Company shall a.Company will indemnify, defend, and hold harmless Columbia, its trustees, officers, faculty, employees, students and agents, from and against any and all Third Party actions, suits, claims, demands, prosecutions, liabilities, costs, expenses, damages, deficiencies, losses or obligations (including reasonable legal attorneys' fees) based on, arising out of, or relating to this Agreement, including, without limitation, (i) the discovery, development, Development, manufacture, pa...ckaging, use, sale, offering for sale, importation, exportation, or distribution, rental or lease of Licensed Products, even if altered for use for a purpose not intended, (ii) the use of Patents, Materials Patent Rights or Technical Information Know-How, by Company, Sublicensees, Designees, or their Affiliates or customers, (iii) any representation made or warranty given by Company, Sublicensees, Designees, or their respective Affiliates with respect to Licensed Products, Patents, Materials Patent Rights or Technical Information, Know-How , (iv) any infringement claims relating to Licensed Products, Patents, Materials Patent Rights or Technical Information, Know-How, and (v) any asserted violation of the Export Laws (as defined in Section 14) 14 hereof) by Company, Sublicensees, 21 Designees, or their Affiliates; in each case, except to the extent it is determined to arise from the gross negligence or intentional misconduct of any person or entity seeking indemnification hereunder Each indemnified person or entity shall promptly notify Company thereof and afford Company full control over the defense and settlement thereof, and reasonably cooperate with Company in such defense. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED FOR PORTIONS OF THIS EXHIBIT. THE COPY FILED HEREWITH OMITS THE INFORMATION SUBJECT TO A CONFIDENTIALITY REQUEST. OMISSIONS ARE DESIGNATED [***]. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. Exhibit 10.1 Affiliates. Company shall reimburse Columbia for the actual fees, costs, and expenses (including legal reasonable attorneys' fees) that it may incur in enforcing this provision. b. Commencing The indemnified parties shall provide Company with prompt written notice of the applicable Third Party claim for which they seek indemnification and shall cooperate with Company in all reasonable respects, and Company shall have the sole right to control the defense and settlement of all such claims; provided that Columbia's approval will be required (such approval not to be unreasonably withheld or delayed) of any settlement in the event that the proposed disposition or settlement involves (i) terms that would reasonably be likely to adversely affect the scope, validity or enforceability of any of the Patent Rights, or (ii) an admission or stipulation that Columbia violated any law, regulation, or rule or any rights of any person or entity. b.Beginning at least [***] five (5) Business Days prior to the first time any Licensed Product is being offered commercially marketed, distributed or sold (other than for sale, the purpose of obtaining regulatory approvals) by Company, or by an Affiliate, Sublicensee or agent of Company, Company shall obtain shall, at its sole cost and expense, procure and maintain during the remaining term of this Agreement, Commercial General Liability commercial general liability insurance (including product liability and contractual liability coverage for insurance applicable to Company's indemnity obligations under Section 12a) with reputable and financially secure insurance carriers reasonably acceptable to Columbia to cover the activities of Company, Sublicensees, Designees, and their respective Affiliates, for minimum limits of $[***] $5,000,000 combined single limit for bodily injury and property damage per occurrence and in the aggregate. Such insurance shall include Columbia, its trustees, faculty, officers, employees and agents (collectively, the "Indemnitees") as additional insureds. Company shall furnish a certificate of insurance evidencing such coverage, with [***] thirty days' written notice to Columbia of cancellation or material change in coverage. The minimum amounts of insurance coverage required herein shall not be construed as creating any limitation on the Company's indemnity obligation under Section 12a of this Agreement. c. Company's c.Company's insurance shall be primary coverage; any insurance Columbia may purchase shall be excess and noncontributory. The Company's insurance shall be written to cover claims incurred, discovered, manifested, or made during or after the expiration of this Agreement. d. Company d.Company shall at all times comply with all statutory workers' compensation and employers' liability requirements covering its employees with respect to activities performed under this Agreement. View More
Indemnity and Insurance. a. Company shall will indemnify, defend, and hold harmless Columbia, its trustees, officers, faculty, employees, students and agents, from and against any and all Third Party third party actions, suits, claims, demands, prosecutions, liabilities, costs, expenses, damages, deficiencies, losses or obligations (including reasonable legal attorneys' fees) based on, arising out of, or relating to this Agreement, including, without limitation, to: (i) the discovery, development, manufacture, packaging..., use, sale, offering for sale, importation, exportation, distribution, rental or lease of Products, even if altered for use for a purpose not intended, (ii) the use of Patents, Materials or Technical Information by Company, Sublicensees, Designees, or their Affiliates or customers, (iii) any representation made or warranty given by Company, Sublicensees, Designees, or their Affiliates with respect to Products, Patents, Materials or Technical Information, (iv) any infringement claims relating to Products, Patents, Materials or Technical Information, and (v) any asserted violation of the Export Laws (as defined in Section 14) 14 hereof) by Company, Sublicensees, 21 Designees, or their Affiliates; Affiliates, except in each case, case to the extent attributable to the gross negligence or willful misconduct of Columbia as determined by a court of competent jurisdiction. Except as separately provided for under Sections 11(c)-(f), Columbia will promptly notify Company in writing any action, suit, claims, demands or prosecutions ("Claim") for which it will be seeking indemnification and grant Company control of the defense and settlement of the Claim, provided that the failure of Columbia to give notice as provided above shall not relieve Company of its defense or indemnification obligations, except to the extent it is determined that the failure results in actual prejudice or damage to arise from the gross negligence or intentional misconduct of any person or entity seeking indemnification hereunder Each indemnified person or entity shall promptly notify Company. Company thereof and afford Company full control over will direct the defense and settlement thereof, and of any such Claim with counsel of its choosing who are reasonably cooperate with Company in such defense. acceptable to Columbia. Company shall reimburse Columbia for not settle any such action without the actual fees, costs, and expenses (including legal fees) written consent of Columbia, which consent shall not be unreasonably withheld. Company will not consent to the entry of any judgment or enter into any settlement that it may incur in enforcing this provision. does not include as an unconditional term thereof the giving by the claimant or plaintiff to the indemnified entities a release from all liability with respect to the Claim. 19 b. Commencing at least [***] five (5) business days prior to the first Product being offered for sale, sale or entering human clinical trials, Company shall obtain and maintain during the remaining term of this Agreement, Commercial General Liability insurance (including including product liability and contractual liability coverage for applicable to Company's indemnity obligations under Section 12a) with reputable and financially secure insurance carriers reasonably acceptable to Columbia to cover the activities of Company, Sublicensees, Designees, and their Affiliates, for minimum limits of $[***] $5,000,000 combined single limit for bodily personal injury and property damage per occurrence and in the aggregate. Such insurance shall include Columbia, its trustees, faculty, officers, employees and agents Columbia as additional insureds. Company shall furnish a certificate of insurance evidencing such coverage, with [***] thirty days' written notice to Columbia of cancellation or material change in coverage. The minimum amounts of insurance coverage required herein shall not be construed as creating any limitation on the Company's indemnity obligation under Section 12a of this Agreement. c. Company's insurance shall be primary coverage; any insurance Columbia may purchase shall be excess and noncontributory. The Company's insurance shall be written to cover claims incurred, discovered, manifested, or made during or after the expiration of this Agreement. d. Company shall at all times comply with all statutory workers' compensation and employers' liability requirements covering its employees with respect to activities performed under this Agreement. View More
Indemnity and Insurance. a. a.Indemnity. The Company hereby indemnifies and shall indemnify, defend, defend and hold harmless Columbia, its trustees, officers, faculty, employees, students students, and agents, from and against any and all Third Party actions, suits, claims, demands, prosecutions, liabilities, costs, expenses, damages, deficiencies, losses or obligations (including reasonable legal fees) based on, arising out of, or relating to this Agreement, including, without limitation, (i) the following: 19 (i)the ...discovery, development, manufacture, packaging, use, sale, offering for sale, importation, exportation, distribution, rental or lease of Products, even if altered for use for a purpose not intended, (ii) the intended; (ii)the use of Patents, Materials or Technical Information by the Company, Sublicensees, Designees, or their Affiliates or customers, (iii) any customers; (iii)any representation made or warranty given by the Company, Sublicensees, Designees, or their Affiliates with respect to concerning Products, Patents, Materials or Technical Information, (iv) any Information; (iv)any infringement claims relating to Products, Patents, Materials Materials, or Technical Information, Information; and (v) any (v)any asserted violation of the Export Laws (as defined in Section 14) by the Company, Sublicensees, 21 Designees, or their Affiliates; in each case, except to the extent it is determined to arise from the gross negligence or intentional misconduct of any person or entity seeking indemnification hereunder Each indemnified person or entity shall promptly notify Company thereof and afford Company full control over the defense and settlement thereof, and reasonably cooperate with Company in such defense. Affiliates. The Company shall reimburse Columbia for the actual fees, costs, and expenses (including legal fees) that it may incur incurs in enforcing this provision. b. Commencing at least [***] prior to the first Product being offered for sale, b.Insurance. The Company shall obtain and maintain during the remaining term of this Agreement, Commercial General Liability commercial general liability insurance (including product liability and contractual liability coverage insurance) for the Company's indemnity obligations under Section 12a) 12a with reputable and financially secure insurance carriers reasonably acceptable to Columbia to cover the activities of the Company, Sublicensees, Designees, and their Affiliates, for minimum limits of $[***] $5,000,000 combined single limit for bodily personal injury and property damage per occurrence and in the aggregate. Such The Company shall contract for the insurance shall to include Columbia, its trustees, faculty, officers, employees and agents as additional insureds. Upon Columbia's reasonable request, the Company shall furnish a certificate of insurance evidencing such coverage, with [***] days' written notice to Columbia of cancellation or material change in that coverage. The minimum amounts of insurance coverage required herein shall under this Agreement are deemed not to be construed as creating any limitation on the Company's indemnity obligation under Section 12a of this Agreement. c. c.Primacy. The Company's insurance shall be is primary coverage; any insurance Columbia may purchase shall be is in excess of the Company's insurance and noncontributory. The Company shall contract for the Company's insurance shall to be written to cover claims incurred, discovered, manifested, or made during or after the expiration of this Agreement. d. d.Compliance. The Company shall comply with all statutory workers' compensation and employers' liability requirements covering its employees with respect to concerning activities performed under this Agreement. View More
Indemnity and Insurance. a. Indemnity. Company shall indemnify, defend, and hold harmless Columbia, its trustees, officers, faculty, employees, students and agents, from and against any and all Third Party actions, suits, claims, demands, prosecutions, liabilities, costs, expenses, damages, deficiencies, losses or obligations (including reasonable legal attorneys' fees) based on, arising out of, or relating to third party claims arising in connection with this Agreement, including, without limitation, Agreement to the e...xtent arising out of: (i) the discovery, development, manufacture, packaging, use, sale, offering for sale, importation, exportation, distribution, rental or lease of Products, even if altered for use for a purpose not intended, intended; (ii) the use of Patents, Materials Patents or Technical Information by Company, Sublicensees, Designees, or their Affiliates or customers, customers; (iii) any representation made or warranty given by Company, Sublicensees, Designees, or their Affiliates with respect to Products, Patents, Materials or Technical Information, Information; (iv) any infringement claims relating to Products, Patents, Materials or Technical Information, Information; and (v) any asserted violation of the Export Laws (as defined in Section 14) by Company, Sublicensees, 21 Designees, or their Affiliates; in each case, except to the extent it is determined to arise from the gross negligence or intentional misconduct of any person or entity seeking indemnification hereunder Each indemnified person or entity shall promptly notify Company thereof and afford Company full control over the defense and settlement thereof, and reasonably cooperate with Company in such defense. Affiliates. Company shall reimburse Columbia for the actual fees, costs, and expenses (including legal reasonable and documented attorneys' fees) that it may incur in enforcing this provision. b. Commencing at least [***] prior Notwithstanding the foregoing, Company shall have no obligation to indemnify, defend or hold harmless any person or entity, to the first Product being offered for sale, extent a subject claim or loss arises in connection with the negligence, fraud, or willful misconduct by Columbia or any person or entity acting (or failing to act) on its behalf, as determined by a court of competent jurisdiction. b. Insurance. Company shall obtain and maintain during the remaining term of this Agreement, Commercial General Liability commercial general liability insurance (including product liability and contractual liability coverage for insurance applicable to Company's indemnity obligations under Section 12a) with reputable and financially secure insurance carriers reasonably acceptable to Columbia to cover the activities of Company, Sublicensees, Designees, and their Affiliates, for minimum limits of $[***] $5,000,000 combined single limit for bodily injury and property damage per occurrence and in the aggregate. Such Company shall contract for such insurance shall to include the Columbia, its trustees, faculty, officers, employees and agents as additional insureds. Company shall furnish a certificate of insurance evidencing such coverage, with [***] thirty days' written notice to Columbia of cancellation or material change in coverage. The minimum amounts of insurance coverage required herein shall are deemed not to be construed as creating any limitation on the Company's indemnity obligation under Section 12a of this Agreement. 20 c. Primacy. Company's insurance shall be is primary coverage; any insurance Columbia may purchase shall be is excess and noncontributory. The Company's Company shall contract for its insurance shall to be written to cover claims incurred, discovered, manifested, or made during or after the expiration of this Agreement. d. Compliance. Company shall comply with all statutory workers' compensation and employers' liability requirements covering its employees with respect to concerning activities performed under this Agreement. View More
Indemnity and Insurance. a. Company shall will indemnify, defend, and hold harmless Columbia, its trustees, officers, faculty, employees, students and agents, from and against any and all Third Party actions, suits, claims, demands, prosecutions, liabilities, costs, expenses, damages, deficiencies, losses or obligations (including reasonable legal attorneys' fees) based on, arising out of, or relating to this Agreement, including, without limitation, (i) the discovery, development, manufacture, packaging, use, sale, off...ering for sale, importation, exportation, distribution, rental or lease of Products, even if altered for use for a purpose not intended, (ii) the use of Patents, Materials or Technical Information by Company, Sublicensees, Designees, or their Affiliates or customers, (iii) any representation made or warranty given by Company, Sublicensees, Designees, or their Affiliates with respect to Products, Patents, Materials or Technical Information, (iv) any infringement claims relating to Products, Patents, Materials or Technical Information, Products infringing third party intellectual property rights, and (v) any asserted violation of the Export Laws (as defined in Section 14) 14 hereof) by Company, Sublicensees, 21 Designees, or their Affiliates; in each case, except to the extent it is determined to arise from the gross negligence or intentional misconduct of any person or entity seeking indemnification hereunder Each indemnified person or entity shall promptly notify Company thereof and afford Company full control over the defense and settlement thereof, and reasonably cooperate with Company in such defense. Affiliates. Company shall reimburse Columbia for the actual fees, costs, and expenses (including legal attorneys' fees) that it may incur in enforcing this provision. 17 Portions of this agreement (indicated by "[***]") have been omitted as the Registrant has determined that: (i) the omitted information is not material; and (ii) the omitted information is the type that the Registrant treats as private or confidential. b. Commencing at least [***] prior to the first Product being offered for sale, Company shall obtain and maintain maintain, during the remaining term of this Agreement, Commercial General Liability commercial general liability insurance (including product liability and contractual liability coverage for insurance applicable to Company's indemnity obligations under Section 12a) with reputable and financially secure insurance carriers reasonably acceptable to Columbia to cover the activities of Company, Sublicensees, Designees, and their Affiliates, for minimum limits of $[***] [***] combined single limit for bodily injury and property damage per occurrence and in the aggregate. Such insurance shall include Columbia, its trustees, faculty, officers, employees and agents as additional insureds. Company shall furnish a certificate of insurance evidencing such coverage, with [***] days' written notice to Columbia of cancellation or material change in coverage. The minimum amounts of insurance coverage required herein shall not be construed as creating any limitation on the Company's indemnity obligation under Section 12a of this Agreement. c. Company's insurance shall be primary coverage; any insurance Columbia may purchase shall be excess and noncontributory. The Company's insurance shall be written to cover claims incurred, discovered, manifested, or made during or after the expiration of this Agreement. d. Company shall at all times comply with all statutory workers' compensation and employers' liability requirements covering its employees with respect to activities performed under this Agreement. View More
